Quebec is implementing changes to trademark regulations in 2025, streamlining certain language requirements while maintaining rigorous enforcement. These adjustments are part of a wider initiative to promote the French language, as detailed in the Charter of the French Language.
Previously, companies were required to ensure that non-French trademarks were only used if they were already registered. The revised rules now encompass “recognized marks,” which may be either registered or unregistered (common law) trademarks. These marks can appear on products without a French translation, provided there is no French version already registered with the Canadian Intellectual Property Office.
Product descriptions and generic terms must still be translated into French and displayed on packaging or the product itself. A generic term refers to any word used to describe the nature of a product, while a product description consists of terms used to describe the product's characteristics.
A transition period permits the continued sale of non-compliant products manufactured before June 1, 2025, until June 1, 2027. This has been extended to include products made between June 1, 2025, and December 31, 2025, that were impacted by new federal labeling standards.
Public signs, posters, and commercial advertising now allow for both registered and unregistered trademarks to appear in a language other than French, as long as French remains the dominant language. French text on exterior signs must be at least twice the size of text in other languages and have greater visual impact. For dynamic signs, French text is considered more prominent if it remains visible for twice as long as text in other languages.
Non-compliance with these rules can lead to penalties and daily fines, applicable to both corporations and their directors.
A significant new initiative is a pilot program launched by the Canadian Intellectual Property Office. Beginning in January 2025, the Registrar of Trademarks will randomly select trademark registrations that have been on file for more than three years and initiate cancellation proceedings for non-use. Tech Startups Face Legal Hurdles Over Similar Trademarks. Trademark owners must provide evidence of use for each product or service or explain any non-use due to exceptional circumstances. Failure to comply may result in the cancellation of the trademark in whole or in part.
Businesses with Canadian trademarks should ensure their marks are actively used and maintain records of such use. This will help in case the Canadian Intellectual Property Office requests evidence, making the process more manageable and less disruptive. Understanding Federal Circuit Clarifies Trademark Confusability Standards is also vital. The importance of active use also connects to the need for Securing Your Invention's Future Through Patent Protection. These evolving regulations also fall under broader IP Developments Impacting Businesses and Innovation.