The Office québécois de la langue française (the "OLF"), the body responsible for applying and enforcing the Quebec Charter of the French language (the "French Charter") has recently launched an awareness campaign regarding the need for businesses in Quebec to comply with the French Charter. Of considerable importance is that the OLF is mandating that certain requirements relating to corporate names also be applied to trademarks that are displayed in a language other than French on public signs.
The French Charter generally requires that public signs, posters and commercial advertising be in French. However, an exception is that a trademark "recognized" within the meaning of the Canadian Trademarks Act ("Act") may appear on public signs, posters and in commercial advertising in a language other than French, unless a French version of the trademark has been registered. The OLF restrictively considers it necessary for a trademark to be registered in order for it to be "recognized" and for the French language exception to apply.
The OLF has, however, recently modified the application of the trademark exception when a trademark appears on public signs. In particular, the OLF is of the view that words or expressions, including "recognized" trademarks, appearing on public signs outside establishments serve as corporate names, and therefore must comply with the French Charter's provisions concerning corporate names. These provisions require that a corporate name containing a word or expression in a language other than French be accompanied by either a French slogan or wording that identifies the business' activities or field of endeavor.
The OLF's position that any word or expression appearing on a public sign acts as a corporate name fails to address the complex distinction between a trademark and a corporate name, especially in circumstances where a trademark is registered in connection with "retail store services," and is displayed on public signage so as to constitute "use" of a "trademark" within the meaning of the Act.
Notwithstanding the subtleties of this distinction, the OLF has indicated that it is fully prepared to enforce the requirements regarding corporate names as set out above, and even to file penal charges with the courts, which may result in fines ranging from $1,500 to $20,000, for each violation. The OLF's position will most likely not change until a court holds otherwise.
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