Recognized trademark (Quebec signage)

A franchisee in Quebec meets this when the brand’s name on the sign is in English. Section 58 of the Charter of the French language requires public signs and posters and commercial advertising to be in French, and allows another language as well if French is markedly predominant, subject to the regulations the Government may make under that section and the exceptions in s. 59. Section 58.1 then provides that, despite section 58, a trademark may be drawn up, even partially, only in a language other than French, provided it is registered within the meaning of the Trademarks Act and no corresponding French version appears in the register kept under that Act. The section says “registered”, not “recognized”. See using a different name than the franchise brand.

Limits

Under the same section, on public signs and posters visible from outside premises, French must be markedly predominant where such a trademark appears in a language other than French. The Office québécois de la langue française states that French must be markedly predominant over any other language in public signage and commercial advertising. Section 63 separately says the name of an enterprise must be in French, subject to ss. 67 and 68. This entry covers Quebec only.

What to ask

• Whether the brand is registered under the Trademarks Act
• Whether the register holds a corresponding French version
• Whether the sign is visible from outside the premises