Re: Estimate for branding strategy validation

From
Nina Kani <nkani@thekey.com>
To
Timothy Thomas <tt@homecareassistance.com>
CC
Ru Yun <ru@homecareassistance.com>, Dan Watson <dan.watson@thekey.com>, Tim Thomas <tthomas@homecareassistance.com>, Ken Citron <kcitron@thekey.com>, Andy Feldman <afeldman@thekey.com>, Nina Kani <nkani@thekey.com>
Date
Wed, 13 Apr 2022 10:31:17 -0700
Folder
INBOX
--000000000000a5d22b05dc8c8d59 Content-Type: multipart/alternative; boundary="000000000000a5d22905dc8c8d58" --000000000000a5d22905dc8c8d58 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable This is an excellent point, thanks Tim and Ru for addressing. The general rule under the French Charter is that all =E2=80=9Ccommercial publications=E2=80=9D must be in French. The following inscriptions appeari= ng on catalogues, brochures, flyers, commercial directories and any similar publications, may appear exclusively in a language other than French: -the name of a business established exclusively outside Qu=C3=A9bec; -a name of origin, the denomination of an exotic product or foreign specialty, a heraldic motto or any other non-commercial motto; -a place name designating a place situated outside Qu=C3=A9bec or a place n= ame in such other language as officialized by the *Commission de toponymie du Qu=C3=A9bec*, a family name, a given name or the name of a personality or character or a distinctive name of a cultural nature; *-a =E2=80=9Crecognized trademark=E2=80=9D within the meaning of the Tradem= arks Act (R.S.C. 1985, c. T-13), unless a French version has been registered.* That is, a =E2=80=9Crecognized trademark=E2=80=9D may be in a language othe= r than French, unless a French version of the mark has been registered. A =E2=80=9Crecognized trademark=E2=80=9D is defined in the *Regulations a*s= a mark that is registered in Canada, *or that is a common law mark*. In spite of the current =E2=80=9Ccommon law trademark=E2=80=9D exception, the prevailing vi= ew is that the Office Quebecois de la langue francaise (OQLF), the body responsible for ensuring compliance with the *Charter of the French Language*, is unlikely to grant any weight to a pending trademark application. Practically, they are most likely to take the view that recognition comes through registration, which throws a question mark over the ability to rely on the =E2=80=9Ccommon law trademark=E2=80=9D exception that is found in the Regs. Based on the research, we believe the brand can be in the English language. However, we should still register a French translation of TheKey. Until we receive the TM, I would suggest that the brand in Quebec be that of the French translation. Unless you believe differently, we will proceed with registering a French translation of TheKey in Canada. I am not opposed to the research you are considering - I leave that decision to Marketing. Nina On Mon, Apr 11, 2022 at 5:53 AM Timothy Thomas wrote: > Thanks Ru. To clarify on your point about HCA in the past - We did create > a french brand here - www.montrealsoinsadomicile.ca > > A french descriptor might be sufficient but it seems to be the point of > the research is to see how much of an issue it is. > > Best, > Tim > > On Fri, Apr 8, 2022 at 10:48 PM Ru Yun wrote: > >> Hi Tim, >> >> >> >> Thanks for sharing! Adding Ken, Nina and Andy for visibility. >> >> >> >> A note that o