We previously reported on the significant changes to the Charter of The French Language introduced through Bill 96, enacted in June 2022, and the clarifications for these changes introduced through the Regulation respecting the language of commerce and business.
Since then, OQLF published on its website a guide regarding the new rules for trademarks appearing on products. The guide provides further clarification for inscriptions on a product, noting that inscriptions in another language must not appear more clearly than those in French and that the consumer should not have to make any additional effort to access information in French.
The guide provides examples of product packaging bearing entire labels registered as trademark and that will be considered compliant with the Charter of the French Language. The examples confirm that any generic or descriptive terms that are part of the label need to be translated, the exception being the name of the product. The French version may appear on a different side of the product other than the side on which the registered trademark appears. Also, the French version of the generic or descriptive terms does not have to appear as part of the registered trademark but may instead appear elsewhere on the packaging.
The guide also clarifies that unlike product packaging, a display is considered commercial advertising and "must therefore respect the rule of the clear predominance of French." This means that on product displays French must have a much greater visual impact than any other language.
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