Oct 2019 Charity & NFP Law Update
As reported in the November 2016 Charity & NFP Law Update, amendments to the regulations under the Québec Charter of the French Language came into force on November 24, 2016, requiring Québec organizations that have non-French trademarks on outdoor signage to ensure a “sufficient presence of French” on outside signage. The regulations provided a three year grace period for organizations to comply. This grace period comes to an end on November 24, 2019. Under the amended regulations, any trademark “displayed outside an immovable” in a language other than French is required to have “a sufficient presence of French”. The definition of “outside an immovable” includes signs or posters related or attached to an immovable, including rooftops, signs or posters outside premises situated in a larger property complex, or inside a storefront but intended to be seen from the outside.
As a reminder, charities and not-for-profits may fulfill this requirement by including “(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.” The “sufficient presence of French” requirement would be met if the French sign or poster is given permanent visibility, legibility in the same visual field as that mainly covered by the non-French trademark signage, and is illuminated and situated in a way to make it easy to read along with the non-French trademark. However, there is no requirement that the French signs or posters be in the same place, number, material or size as the non-French trademark, so long as the two are equally legible.
Charities and not-for-profits operating in Québec that publicly display trademarks should take note of the new regulations and ensure they meet the newly imposed obligations by November 24, 2019. In that regard, the Office québecois de la langue française has prepared illustrative guides to assist organizations with implementing the requirements. However, it is recommended that charities and not-for-profits that operate in Québec review their trademark registrations to determine if complying with the new regulation will result in alterations to registered trademarks. If this is the case, trademark owners should consult trademark counsel to determine if their trademarks are still being used in accordance with Canadian trademark law.