New rules governing how businesses can use trademarks, display signage and advertise have now come into effect in Québec, following the adoption of new provisions in the Regulation respecting the language of commerce and business. In fact, the final version of the regulation has taken a step back from the amendments proposed earlier and reinstated more flexible provisions. Here's what you need to know.
Trademark translation requirements
The trademark exception still applies to all "recognized" trademarks (both registered and unregistered), meaning they can appear without French translation when used on:
- Products and packaging
- Documentation and manuals
- Websites
- Printed advertising, including catalogues and brochures
- Public signage (with additional obligations)
Key exception: Generic or descriptive terms included in trademarks must be translated into French when they appear on products, packaging, and documentation. Similarly, French-language registered trademarks must be used, even if an English-language version is also registered.
The regulation provides important clarity on what counts as "generic" or "descriptive" terms. Generic terms describe the nature of a product (like "pizza" or "coffee"), while descriptive terms describe product characteristics (like "fresh" or "premium").
However, the regulation excludes certain elements from these definitions, meaning that translation is not required for the:
- Name of an enterprise (company name)
- Name of a product as sold
- Designations of origin
- Distinctive names of a cultural nature
This means that these “excluded elements” can appear without a French translation.
Signage & advertising rules
All external signage and commercial advertising must ensure French is "markedly predominant" - meaning that French has a much greater visual impact than the text in the other language.
"Markedly predominant" French requirements
In the same visual field, the space allotted to French text must be at least twice as large as space allotted to other languages. This applies to all public signage and commercial advertising includes any message visible and accessible to the general public. This may include signs, billboards and other displays, regardless of the medium used.
A “visual field” refers to an overall view where all the components of the public signs and posters and commercial advertising are visible and legible at the same time without having to move.
Enforcement & penalties
The rules are effective immediately (with a grace period for non-compliant products manufactured before June 1, 2025, which can be sold until June 1, 2027). Penalties for non-compliance include fines, mandatory corrections and escalating sanctions.
The Office québécois de la langue française (OQLF) actively monitors compliance and public complaints, which can now be anonymous, will trigger OQLF investigations if deemed receivable.
Common compliance mistakes
- Assuming registered trademarks are fully exempt – certain descriptive or generic portions may require translation
- Underestimating "markedly predominant" – space allotted to French must be twice as large as the space allotted to another language
- Ignoring internal signage – these new rules also apply to public-facing signs located inside buildings
- Failing to translate all product names – secondary names are not necessarily exempt from translation
We have prepared an action checklist to assist you and your team with a preliminary compliance review.
If you have any questions, please reach out to a member of our team. They have assisted many companies with:
- Conducting a comprehensive compliance audit of current operations
- Developing a practical action plan tailored to the business
- Navigating trademark translation requirements
- Ensuring that signage and advertising meet the new standards
- Creating ongoing compliance procedures
- Reviewing product packaging and artwork
- Communicating with the OQLF following a complaint
Action checklist
