In the wake of the changes introduced by Québec’s Bill 96 (which we have written about in more detail here), much attention has been paid by brand owners to how they can use and display their trademarks in the province. A recent appeal from an order of the Office québécois de la langue française (OQLF) sheds some light on how coined or artificial marks can be displayed without additional French text. In short, an artificial combination of letters may be displayed on the exterior of a building without the presence of added French material.
In Swatch Group (Canada) Ltd. v. Office Québécois de la Langue Française,[1] Groupe Swatch Canada Ltd. challenged an order of the OQLF pertaining to the display of its registered Canadian trademark SWATCH, without any French signage, on the exterior of a building in Montréal.
The OQLF Order
The order required Swatch to ensure its signage and commercial advertising be in French. The order reproached Swatch for displaying a trademark in a language other than French without a sufficient presence of French.[2] Québec’s language legislation required that, where a recognized non-French trademark is displayed outside of a building, a “sufficient presence of French” must accompany it. The legislation, however, includes an exception for the display of any artificial combination of letters.
Swatch’s Appeal
Swatch appealed the OQLF’s order to the Tribunal administratif du Québec.
The OQLF argued that SWATCH is taken from and retains a meaning in the English language and referenced Swatch’s own history. In particular, the OQLF pointed out that the first SWATCH was created in 1983, with the strategy of creating a “second watch”, at low cost, highly technological, artistic, emotional and Swiss-made and that the SWATCH trademark was from a combination of the letter “S” and the word “watch”, which means “montre” in French. Thus, the presence of the “S” in the trademark referred to a second Swiss watch.
Swatch argued that the OQLF had misinterpreted the Charter of the French Language[3] and accompanying Regulation because SWATCH is merely a trademark consisting of an artificial combination of letters and is not exclusively in a language other than French. Section 26 of the Regulation respecting the language of commerce and business[4] permits the use of any artificial combination of letters, syllables or figures or the use of pictographs, figures or initials on public signs and posters and in commercial advertising without additional French.
The Tribunal Decision
The Tribunal agreed with Swatch, concluding that SWATCH is indeed an artificial combination of letters and may be displayed on the outside of a building without additional French.
In coming to its decision, the Tribunal considered whether SWATCH has any meaning in a commercial context from the perspective of the relevant public. Firstly, the Tribunal noted that in the field of watchmaking, the public would not understand the word SWATCH to mean “échantillon” (meaning “sample”) in French, despite this being an exact translation. Next, the Tribunal stated that, for consumers encountering the store signage, the actual effect is as a unique and distinctive trademark, akin to Rolex. In other words, they know that they can purchase a certain brand of watch, not just a watch. The Tribunal held that the public is generally unaware of the specific meaning attributed to the ‘s’ in SWATCH and that the meaning of SWATCH is that of a brand, and so the meaning is artificial. The Tribunal also noted that it was relevant that the trademark would have been refused registration if it was descriptive. Ultimately, the Tribunal set aside the OQLF’s order because it concluded that SWATCH has no particular meaning and is an artificial combination of letters that may be displayed on the exterior of a building without the presence of French, in accordance with section 26 of the Regulation respecting the language of commerce and business.
Key Takeaways
This case is a reminder to brand owners doing business in Québec that the Charter of the French Language applies to signage displayed in the province, as well as to products, and that the language requirements are actively enforced by the OQLF. That said, brand owners may be able to avoid the more onerous requirements by selecting and using coined trademarks, which of course have the added benefit of being stronger trademarks in any event. This decision also highlights that the meaning of a trademark should be assessed within the relevant commercial context from the perspective of the relevant public – so the fact alone that a trademark might have some meaning does not necessarily disqualify it from the exceptions available under the Charter for artificial combinations of letters (e.g., “swatch” meaning “sample” but having no meaning in the context of watches).
References
[1] Swatch Group (Canada) Ltd. v. Office Québécois de la Langue Française, 2025 QCTAQ 10426.
[2] The order was dated November 22, 2024, and so the amendments that came into force on June 1, 2025, as a result of the passage of Bill 96 were not part of the analysis.
[3] Charter of the French Language, CQLR, c. C-11.
[4] CQLR, c. C-11, r. 9.
PCK IP is a leading North American intellectual property firm based in Canada, specializing in the preparation, prosecution, and strategic management of patent and trademark portfolios for global markets. Our team of seasoned patent agents, engineers, scientists, and IP lawyers supports clients across diverse technologies, with expertise in coordinating cross-border IP strategies. Contact us today to explore how we can help secure and manage your intellectual property.
The contents of this article are provided for general information purposes only and do not constitute legal or other professional advice of any kind.