CLIENT ALERT
Notice to Clients Who May Be Using Trademarks in Quebec Province
In Quebec province, Canada, the official language is French. The Charter of the French Language (the “Charter”) imposes language obligations on companies operating in the province. The provisions of the Charter apply to any company (regardless of its size and whether located in the province or not) that performs an act in Quebec for the purpose of making a profit (e.g., selling products in Quebec via the company’s website (although there may be some exceptions to this rule that are applicable in a given situation).
The Charter has significant implications for trademark owners operating within Quebec province. For example, all inscriptions on products sold in Quebec, whether the inscription is on the container or wrapping, or on a document or object supplied with the product (such as directions for use or a warranty certificate) must be written in French. Although it is acceptable for such inscriptions to be in another language as well, no inscription in another language may be given greater prominence than that in French or be available on more favorable terms.
Note, however, that trademarks registered in Canada or recognized in Canada (i.e., distinctive marks used in Canada) that are in a language other than French generally do not require a French translation, unless there is also a French version of the trademark registered with the Canadian Intellectual Property Office (CIPO). However, recent changes to the law require that any generic or descriptive terms included with the trademark and/or inscribed on the product must be translated to French.
So, for example, If the trademark registered or recognized in Canada is “RENOVIAN LEATHER SHOES”, the Charter requires that the French translation of the terms “leather shoes” be displayed on the product:
RENOVIAN LEATHER SHOES
CHAUSSURES EN CUIR
In other words, the terms “LEATHER SHOES” do not have to be translated in the trademark itself, but the translation in French needs to be added on the product and be as prominent as the English terms.
Penalties for non-compliance with these new regulations can be quite harsh, with fines for a first offense ranging from $3,000 to $30,000 for a company, and $1,400 to $14,000for an individual or officer. These fines can double and triple with later offenses. The suspension or revocation of a business’s permit to do business in the province is also possible for failing to comply with these regulations.
A brief Q & A about the key provisions of the Charter may be viewed here: Q&A
Sheehan Phinney's Intellectual Property Group
Douglas Verge is a shareholder and member of Sheehan Phinney’s Intellectual Property Practice Group. Our team provides goal-driven, practical, and innovative legal services in matters concerning all aspects of IP. We do this by working closely with our clients to evaluate, protect, and enforce their IP rights – while also ensuring that those rights are part of an ongoing, overall business strategy, from start-up to exit.
This Client Alert is provided for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Readers should not act upon the information contained in this alert without seeking advice from qualified counsel. Prior results do not guarantee similar outcomes.