The case of Attorney General (Quebec) v. St-Germain Transport (1994) Inc. serves as a clear warning to the improper use of a trade-mark to owners of unilingual and unregistered English marks in la belle province of Québec.
The case concerned transportation accused of violating Québec’ Charter of the French Language (R.S.Q., c. C-11). for using the slogan COAST TO COAST SERVICES and CLASS OF 200_ in association with transportation services. While the defendant was able to establish use of the slogan as a trade-mark, it failed to establish that the words CLASS OF 200_ wares being used as a mark. Consequently, the defendant was found guilty of an offence under Division III “Public Signs and Posters and Commercial Advertising” of the Regulations Respecting the Language of Commerce and Business (R.R.Q., 1981. c. C-11. r. 9) and fined for using an English only sign on its delivery truck.
St-Germain Transport (1994) Inc. confirms that when doing business in the province of Québec, nothing prevents a company from using a unilingual trade-mark in any language other than French and not be considered contrary to the Charter of the French Language (R.S.Q., c. C-11). Thus, users of unregistered trade-marks, have the onus of proving their unilingual mark does indeed consist of a trade-mark that has been used in association with specific wares or services for a certain period of time.
However, a certificate of registration of a trade-mark under the Canadian Trade-marks Act, a federal statute, is prima facie evidence of a valid trade-mark.