Christian Bolduc discusses the impact of Bill 96 on trademark protection in Québec with Managing IP

Principal Christian Bolduc discusses the impact of Bill 96 on trademark protection for businesses operating in Québec in an interview with Managing IP (MIP).

On June 1, 2022, the Québec government passed Bill 96 into law. On June 26, 2024, the Final Regulation was published, further clarifying issues such as generic and descriptive terms by setting out what they do not include. However, there are still aspects of uncertainty. Christian says that many businesses sell products on which there are multiple trademarks displayed. “Because of that, there is still uncertainty, and businesses are not confident that the Office of the French Language (OQLF) isn't going to ask them to translate those trademarks that consist of or contain generic or descriptive terms,” he says. He highlights the importance of clear guidelines to avoid legal complications and ensure proper trademark enforcement.

Christian also mentions that Bill 96 has introduced a private right of action for Québec residents, enabling consumers to bring lawsuits against business owners that fail to comply with the Charter of the French Language.

Read the full article (accessible to subscribers of MIP).