What Quebec’s Bill 96 Will Mean for Trademarks and Businesses

Quebec’s Bill 96 introduces new requirements that will significantly impact businesses and cross-border trade.

Understanding Bill 96

Bill 96 mandates the translation of any non-French words which could be considered “generic” or “descriptive” on products and their container, packaging, or accompanying documentation, even in federally registered trademarks. Signs outside stores and manufacturing facilities with non-French trademarks will also have to display a “predominance of French,” meaning French language at least twice the size of any non-French components. Going even further than the Bill 96 legislation requires, new regulations propose to add French requirements for any usage instructions which are engraved, baked, or inlaid into a product.

Compliance Challenges

Businesses face a dilemma, in that translating these terms risks potentially losing trademark rights, while choosing not to translate may lead to administrative complaints and consumer lawsuits. Bill 96 compliance could force significant rebranding, creating opportunities for counterfeiters and potentially harming consumers through confusion and price increases. Manufacturers must plan for compliance now, with large-scale packaging changes easily costing between USD $20,000 to $100,000 per product. Supply chain challenges add to the complexity, cost, and timelines.

Regulatory Clarity and Economic Impact

Draft regulations provide little clarity, contradicting federal Canadian trademark law and causing uncertainty for businesses. Some companies may find it economically unfeasible to continue selling products in Quebec, affecting consumers across Canada.

What Can Be Done

Open communication between industry stakeholders and government officials is vital to ensure that the law and regulations align with practical realities, and respect trademark laws which benefit both businesses and consumers. INTA and industry stakeholders, —including a coalition working to communicate the real-world implications to government officials—are engaging with legislators and regulators. Please click here to join the growing coalition. INTA encourages all affected parties to submit comments before the February 24, 2024 deadline. Comments, which ideally should be in French, must be sent by post to the address below:

Minister of the French Language
Mr. Jean-François Roberge
800, rue D’Youville
13e histoire
Québec (Québec) G1R 3P4

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

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