“Sufficient Presence of French” Required for Publically Displayed Quebec Trademarks

As of November 24, 2016, amendments to the regulations of the Charter of the French Language (the Amended Regulations) will be in force, affecting exterior signs and posters in Quebec.

The Amended Regulations provide that: where a trademark is displayed outside a building or structure in a language other than French, a sufficient presence of French must also be included and displayed. The “presence of French” refers to a sign or poster with:

1. A generic term or a description of the products or services concerned;

2. A slogan;

3. Any other term or indication, favouring the display of information pertaining to the products or services to the benefit of consumers or persons frequenting the site.

The Amended Regulations states that the “sufficient presence of French” means signs or posters whose qualities:

1. Give French permanent visibility, similar to that of the trademark displayed; and

2. Ensure its legibility in the same visual field as that mainly covered by the trademark signs or posters.

The purpose of the Amended Regulations is to guarantee the presence of the French language on exterior storefronts, commercial signs, and posters of businesses that display non-French trademarks. The Amended Regulations also apply to: signs and posters attached to buildings and structures, including its roof; signs and posters on the outside of buildings, such as shopping centres, seasonal kiosks, and sales counters; signs and posters inside buildings or structures if their installation is intended to be seen from the outside; and signs and posters on an independent structure near an immovable building or structure.

Signs and posters in French that are not subject to or affected by the Amended Regulations:

• Business hours, telephone numbers and addresses;

• Numbers and percentages;

• Definite, indefinite and partitive articles;

• A term requiring for its legibility to be within a radius of less than 1 metre, except if the legibility of the trademark also requires it;

• Signs or posters that are of a precarious nature – through their materials or the manner in which the sign or poster is attached – in particular, signs or posters in French likely to be easily removed or torn off, unless the display system is the subject of measures for guaranteeing the presence or replacement of the sign or poster.

According to the Amended Regulations, displays that meet the criteria must be legible together with the non-French trademark, and must give a permanent visibility to French similar to its non-French trademark counterpart. To meet the new criteria, it is not necessary for the French displays to be markedly predominant, nor in the same materials, size, place, or number as the non-French trademark.

Compliance Deadlines:

• For existing displays: November 24, 2019

• New displays and replacement displays installed on or after November 24, 2016: immediate compliance

In effort to provide guidance and clarity with respect to the requirements under the Amended Regulations, the Office québécois de la langue française has published two guides that are available online (Guide 1: obligations regarding the public display of non-French trademarks & Guide 2: the linguistic obligations of businesses), and will be distributed to all Quebec businesses.