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Charter of the French Language: Must French Be Added to SWATCH Store Signage in Quebec?
Watch enthusiasts: do you know what SWATCH watches are? Of course you do! But do you know what this trademark actually means? Is it: a) an invented term b) an English word c) a term that is partly in English, that is, the letter “S” combined with the word WATCH d) all of the above? This is the question the Tribunal administratif du Québec (“Tribunal”) had to answer in Groupe Swatch (Canada) Ltée c. Office québécois de la langue française1, in order to determine whether Groupe Swatch (Canada) Ltée (“Groupe Swatch”) was required to add a sufficient presence of French to the signage of its boutiques. It should be noted that this decision was rendered under the former provisions of the Charter of the French Language (the “Charter”) and the Regulation respecting the language of commerce and business (the “Regulation”). As of June 1, 2025, the requirement of a sufficient presence of French has been replaced by the criterion of the marked predominance of French in public signage visible from outside premises. For many people, the SWATCH trademark is an invented term, but the Office québécois de la langue française (“OQLF”) takes a different view… The OQLF’s Position According to the OQLF, SWATCH is a trademark composed of the following elements: S and WATCH. S for “Swiss” or “second” WATCH for “watches” Result: the trademark is composed, in part, of the English word “watch”. Consequence: the Swiss company was required, under the former provisions of the Charter and the Regulation, to ensure a sufficient presence of French on its storefront signage. Groupe Swatch’s Position According to the Swiss company, the SWATCH trademark does not belong to any language because SWATCH is an invented term, consisting of an artificial combination of letters. Therefore, no French presence is required on its storefront signage, by virtue of the “artificial combination of letters” exception set out in section 26 of the Regulation. The Tribunal’s Position First, the Tribunal rightly recalls that the exceptions provided for in the Charter and the Regulation must be interpreted restrictively. The Tribunal then adopts a pragmatic approach, putting itself in the shoes of the average consumer to determine how the public would perceive SWATCH store signage. The Tribunal accepts Groupe Swatch’s position and applies the “artificial combination of letters” exception. In the Tribunal’s view, the public will conclude that SWATCH is an invented term, made up of an artificial alignment of letters and, consequently, the requirement to add French does not apply. This reflects a pragmatic approach based on public perception, as opposed to a strict approach such as the one advocated by the OQLF, which breaks down the SWATCH trademark into two components (S and WATCH). Fortunately so! Otherwise, trademarks composed of invented terms that include a sequence of letters such as “ON,” “IN,” “UP,” “GO” could, for example, have been considered as trademarks in a language other than French rather than as invented terms. Such an approach would have required the addition of markedly predominant French wording in a public signage context. Observations This decision provides an initial and helpful clarification in a context of uncertainty regarding the interpretation of certain new provisions of the Charter and the Regulation, and it has the advantage of being favourable to trademark owners. Indeed, this decision allows for reliance on public perception where a trademark can be seen as an artificial combination of letters, even though that same trademark could be broken down to reveal words in another language. One noteworthy point deserves mention: the OQLF does not appear to have argued (or at least insisted) that SWATCH is an English vocabulary word meaning “sample.” Yet, the Charter and the Regulation expressly require the presence of French (formerly, a sufficient presence; since June 2025, a marked predominance) where a trademark appears in another language on public signage visible from outside a building or premises. Was this argument debated? It is difficult to say from reading the decision. Otherwise, would the outcome have been the same? Looking ahead, what will 2026 bring in terms of the application of the new rules? Certain data and statistics drawn from the OQLF’s2 most recent annual report lead us to believe that the marked predominance of French in public signage will be a priority. One thing is certain: the OQLF is maintaining its dialogue-based approach to encourage amicable solutions, which is welcome. Let us hope for a more pragmatic approach by the OQLF with respect to trademarks, based on public perception, as set out in the SWATCH decision. Let us also hope for a guide providing clarifications on this issue and many other questions arising from the application of the new rules. Happy New Year! Bonne Année! ¡Feliz Año Nuevo! Buon Anno! 2025 QCTAQ 10426 OQLF’s Rapport annuel 2024-2025, published October 9, 2025 (https://www.oqlf.gouv.qc.ca/office/rapports/rag2024-2025.pdf)
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Webinar: 2025 Annual Review of Insurance Law
Lavery’s Annual Insurance Law Review will be held on Tuesday, February 17. This conference will provide a review and analysis of the most significant insurance law decisions rendered in Quebec over the past year. We will also discuss their practical implications for your organization, your risk management, and your business operations. The training is recognized by the ChAD and the Barreau du Québec. When: February 17, 2026, From 8:00 to 9:30 a.m. Speakers : Jonathan Lacoste-Jobin et Dominic Boisvert In order to receive an attestation of attendance for continuing education purposes, please use your professional email address for registration and be sure to attend the entire webinar. Register to the webinar
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Repreneuriat Québec and Lavery enter strategic partnership to accelerate business transfers in Quebec
Lavery is pleased to announce a new partnership with Repreneuriat Québec. The partnership will leverage Lavery’s multidisciplinary expertise while expanding Repreneuriat Québec’s network of experts to provide enhanced, structured support for business buyers and sellers across Quebec. A trusted legal partner to support business transfers across the province Through this agreement, Repreneuriat Québec will build formal relationships with all members of the Lavery network in the province’s major business centres. This partnership directly supports Repreneuriat Québec’s mission to ensure the long-term viability of Quebec businesses. Lavery’s teams will bring top-tier integrated expertise in mergers and acquisitions, taxation, financing, labour and employment law, governance, intellectual property, and commercial and contract law. This will give buyers and sellers the tools they need to navigate each critical stage of the business transfer cycle, from preparation and diagnosis to structuring, due diligence, financing, post-transaction integration and business continuity. Lavery will also activate its AI lab—L3AI—to support business transfers involving innovative technology companies. Joint training and awareness initiatives Repreneuriat Québec and Lavery will organize outreach activities, offer legal advice clinics and provide educational content to ensure Lavery’s clients and the business ecosystem are familiar with best practices in the areas of succession planning, tax structuring, HR issue management during business transfers, and IP protection. “This partnership will help us better equip local entrepreneurs by giving them access to recognized legal expertise,” said Alexandre Ollive, President and CEO of Repreneuriat Québec. “Together, we want to help buyers and sellers recognize the importance of carefully planning each step of the business transfer process to ensure the continued viability of businesses across all regions of Quebec.” “By joining forces with Repreneuriat Québec, we reaffirm Lavery’s commitment to supporting the growth and prosperity of local businesses and to contributing to Quebec’s economic momentum,” said Anik Trudel, Lavery’s Chief Executive Officer. “Our role as a legal and business partner will be to effectively guide buyers and sellers from strategy to execution. The goal is to help them secure the future of their businesses and to create a business environment that fosters long-term growth.” About Lavery Lavery is the leading independent law firm in Quebec. Its more than 200 professionals, based in Montreal, Quebec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Quebec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm’s expertise is frequently sought after by numerous national and international partners to provide support in cases under Quebec jurisdiction. About Repreneuriat Québec Repreneuriat Québec strongly believes that business transfers are one of the most powerful levers we can use to keep Quebec’s economy healthy and strong and help local businesses stay productive. For over ten years now, Repreneuriat Québec has been supporting entrepreneurial takeovers by guiding entrepreneurs through every stage of the takeover process. The organization has pioneered a unique support model and works across all regions of Quebec to drive business succession projects forward. Repreneuriat Québec has guided close to 35,000 entrepreneurs and thousands of businesses, with roughly $10 billion in transferred revenue and an 87.5% survival rate for participating businesses. The organization, which operates with the support of the Ministère de l’Économie, de l’Innovation et de l’Énergie, plays a key role in ensuring business continuity across ownership transitions. Visit repreneuriat.quebec to learn more about our services and our networking platform, Index.
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Lavery welcomes a new partner to its Business Law group
Lavery is pleased to announce the appointment of Isabelle Métivier, who joins our firm as a partner in the Business Law group and focuses her practice on real estate law in Montreal. Isabelle's practice focuses primarily on real estate acquisitions and sales, commercial leases, and the negotiation and structuring of complex agreements. She stands out for her in-depth understanding of her clients' business and operational realities, which enables her to propose legal solutions that are both rigorous and pragmatic, perfectly aligned with their strategic objectives. "I am delighted to join the Lavery team and continue my real estate practice within a firm renowned for the strength of its business law group. The key role that real estate law plays in large-scale projects and transactions was a determining factor in my decision. The combination of a clear vision for growth, a culture of collaboration, and a human-scale environment makes it an ideal place to put my experience to work for clients, alongside committed colleagues." Her appointment enriches our expertise and strengthens our ability to offer comprehensive support tailored to the complex issues facing our clients.
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Lavry welcomes two new lawyers
Lavery is pleased to announce the arrival of two new lawyers at its Montreal office: Laurent Bouvier-Tremblay and Aurélie Ouellet. Laurent joins the Litigation and Dispute Resolution group. He focuses his practice on insurance litigation, drawing on his experience in criminal and penal law, civil and commercial litigation, and disciplinary law. “I chose to join Lavery in order to grow within an environment where professionalism, collaboration, and excellence are central. The firm’s culture, which emphasizes continuous skills development and rigor, is fully aligned with my aspirations. I am delighted to join the Insurance and Civil Litigation team and to contribute alongside professionals recognized for the quality of their expertise.” Aurélie is a member of the Family, Personal and Estate Law team. She focuses her practice on family law, handling matters involving divorce, separation, division of property, child custody, as well as child and spousal support. “Joining Lavery means becoming part of a firm where rigor, excellence, and teamwork are at the core of the practice. Its multidisciplinary framework is a real asset in family law, where cases often raise a variety of issues and the support of other practice groups makes it possible to offer comprehensive guidance. It is also an environment that values collegiality and the development of lawyers by enabling them to grow alongside seasoned and dedicated colleagues.”
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Financing and selling a business
In recent years, the Lavery Capital team has advised over one hundred businesses and participated in numerous corporate financing transactions.
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