Trademarks that have no registered French version may be
displayed on public signs and advertising in Quebec. In a unanimous
ruling, five judges of Quebec's Court of Appeal have confirmed
an elaborate Superior Court judgment that reasserts the traditional
interpretation of Quebec regulations that expressly allow
trademarks to be displayed on commercial signs and advertising. The
language of the trademark is not an issue unless a French version
of the trademark has been registered, in which case it must be used
wherever the law requires French.
In recent years, the Office québécois de la langue
française has taken the position that when a trademark is
displayed on a business storefront or inside a business
establishment, it is used as a business name. Consequently, it
argued, the trademark must comply with rules applicable to business
names. Those allow a non-French word to be part of the name but
require that it be accompanied by a general descriptive term in
French. The oft-repeated example is Café Second Cup. Quebec
courts have now rejected that position and reaffirmed the right to
post only the trademark, unaccompanied by a generic
descriptor.
The Attorney General has not yet announced her decision on whether
to seek leave to appeal the judgment to the Supreme Court of
Canada.
Norton Rose Fulbright Canada LLP represented Magasins Best Buy Itée, Costco Wholesale Canada Ltd., Gap (Canada) Inc., Old Navy (Canada) Inc., La Compagnie Wal-Mart du Canada, Toys "R" Us Canada ltée, Curves International, Inc. and the Retail Council of Canada in this case.
Norton Rose Fulbright Canada LLP
Norton Rose Fulbright is a global legal practice. We provide the world's pre-eminent corporations and financial institutions with a full business law service. We have more than 3800 lawyers based in over 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.
Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.
Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.
Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) and Fulbright & Jaworski LLP, each of which is a separate legal entity, are members ('the Norton Rose Fulbright members') of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein helps coordinate the activities of the Norton Rose Fulbright members but does not itself provide legal services to clients.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.