Swatch Group (Canada) Ltd. v. Office Québécois de la Langue Française, 2025 CanLII 118164
2025-10-27
Read full decision. Summary prepared by Alan Macek:
Swatch Group Canada Ltd. (the “Group”) displays its trademark “SWATCH” outside a building located at 705 Sainte-Catherine Street West in Montreal, without any public signage in French. The Group contests the order [1] issued by the Office québécois de la langue française (Office) on November 22, 2024, which requires it to have its public signage and commercial advertising in French. ... By this order, the Office accuses it of displaying outside the building a trademark solely in a language other than French, namely "SWATCH", without ensuring a sufficient presence of French on the premises. ... Following its analysis, the Tribunal is of the opinion that the SWATCH trademark is an artificial combination of letters which can be displayed outside a building, without the presence of French on the premises. ... The real meaning of SWATCH is the brand, and not a watch in general or even any Swiss watch of any brand whatsoever. This meaning is artificial, born of an imaginative marketing concept. Although not decisive, it is relevant to point out that the SWATCH trademark would not have legal existence if it had contained a clear description of the nature or quality of the product for which it is used; or if it had been connected with its place of origin. Nor could it consist of the name of the product associated with the mark. (based on a translation)