On May 4, 2016, Hélène David, Québec’s acting Minister of Culture and Communications and Minister Responsible for the Protection and Promotion of French Language, proposed draft regulations to require English-only trademarks appearing on signs or posters outside buildings and structures in Québec to be accompanied by the presence of French language.

The proposed regulations would require businesses in Québec to include one of the following in French on signs containing English-only trademarks (section 25.1 of the draft regulations):

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

These regulations follow a decision from the Québec Court of Appeal (reported in the E-TIPS® newsletter here) that upheld a lower court decision which found that, under the current regulations, no French-language generic identifier was required on signs containing English-only trademarks.

Any person wishing to comment on the draft regulations is requested to submit written comments to the Minister of Culture and Communications and Minister Responsible for the Protection and Promotion of French Language by June 18, 2016.

E-TIPS® ISSUE

16 05 18

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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