Insights

Overview of Quebec’s New Trademark Laws Under Bill 96

Andi Benjamin

Jun 9, 2025

A serving of poutine in a blue paper cup, topped with cheese curds, gravy, and chopped parsley, with a small Quebec flag on a toothpick placed in the center. The background is a solid orange color.

Major changes to Quebec’s trademark laws came into effect on June 1, 2025. These changes, which significantly impact businesses, institutions, and individuals operating in Quebec, stem from Bill 96 (An Act respecting French, the official and common language of Québec). Passed in June 2022, Bill 96 amends the Charter of the French Language (Bill 101) and is designed to reinforce the use of French across the province.

One of the most consequential provisions of Bill 96 relates to the use of trademarks and signage in languages other than French. The provision states that any non-French trademark must be accompanied by French terms that are “markedly predominant.” This means that French text must have a greater visual impact than text in any other language.

This blog post provides a general overview of Bill 96. To begin, we’ll describe the underlying purpose of the law. Next, we’ll examine three key components of the bill:

  • The use of non-French trademarks.

  • Public signage and advertising.

  • Product packaging and labelling requirements.

We’ll also discuss the transition period for the new rules and the potential penalties for non-compliance. Finally, we’ll offer some concluding thoughts about navigating Quebec’s legal landscape under Bill 96.

The Purpose Behind Bill 96

Bill 96 is part of Quebec’s broader strategy to strengthen the role of French in all areas of public life, but especially in commercial and professional settings. The legislation is designed to preserve and promote the French language as the official and common language of Quebec. With growing concerns over the declining use of French in Montreal and other urban areas, Bill 96 aims to ensure that French remains dominant in both physical and digital marketplaces.

While Quebec has long required businesses to use French in signage, product packaging, advertising, and communications, the new rules tighten and expand these obligations.

3 Key Components of Bill 96

1. Using Non-French Trademarks

A crucial aspect of Bill 96 involves its handling of non-French trademarks. Under the new regulations, the following rules apply:

  • Non-French trademarks—both registered and common law (unregistered)—are still permitted, but only if there is no registered French version of the trademark listed with the Canadian Intellectual Property Office (CIPO).

  • If a French version of the trademark is registered with CIPO, it takes precedence over the non-French version, and the non-French version may lose its exemption from translation requirements.

This marks a significant shift. Prior to Bill 96, businesses in Quebec could rely on common law trademarks and take advantage of an exception to Bill 101, which allowed recognized trademarks in any language to appear without needing to be translated into French.

Bill 96 has effectively eliminated that exception. Now, if a business uses an unregistered non-French trademark, it must either:

  • Translate the trademark into French, or

  • Ensure that a French version of the trademark is “markedly prominent.”

2. Public Signage and Advertising

Bill 96 provides that where public signs and posters are visible from outside a business location, the French must be “markedly predominant.” This concept has a specific definition in the new regulations:

  • The French text must occupy at least twice the space of the non-French text.

  • The French text must be equally or more legible, permanent, and visible than the non-French text.

  • For digital signage, the French version must be displayed for at least twice as long as the non-French version.

Simply adding a small French translation under a large English brand name will not suffice. To meet the standards under Bill 96, businesses must redesign their signage and advertising to comply with the precise requirements of the legislation.

3. Product Packaging and Labeling Requirements

Bill 96 also changes how trademarks and product information are to appear on product packaging and labelling in Quebec. The general rule is that all product packaging and labelling must be in French, and the French must be clearly predominant over any other language. This applies to:

  • Outer and inner packaging

  • Product labels

  • Instructions for use

  • Ingredient lists

  • Health and safety warnings

  • Marketing text

  • Manufacturer or distributor information

A registered non-French trademark may still appear on product packaging without translation only if:

  • The trademark is registered with CIPO.

  • The trademark does not include generic or descriptive terms in another language.

If the trademark does include generic or descriptive wording, that text must now be translated into French. For example, “KELLOGG’S CORN FLAKES,” the cereal brand, would need to display the term “FLÉCONS DE MAÏS” prominently on the packaging. This translation must be clearly visible and markedly predominant.

Transition Period and Fines

To give businesses time to adapt to Bill 96, Quebec has established a transition period:

  • Products manufactured before June 1, 2025, which do not meet the new requirements, may continue to be sold until June 1, 2027, provided they do not have a corresponding French trademark registered before June 26, 2024.

  • All new signage, advertising, and products must fully comply with Bill 96 as of June 1, 2025.

The penalties for businesses that violate the new rules are substantial. Fines range between $3,000 and $30,000 for a first infraction. The amount doubles for a second offence and triples for additional offences. Non-compliance can thus lead to significant cumulative costs for businesses that fail to act.

Final Thoughts on Bill 96

Quebec’s updated trademark laws reflect the province’s larger cultural and political movement to preserve and promote the French language. While the new regulations may pose challenges—especially for national and international brands—they also offer a clear path for compliance. By taking proactive steps, such as reviewing trademarks, redesigning packaging, and updating signage, businesses can align with the new requirements and avoid costly penalties.