Global brand protection, trademark enforcement & IP agreements
Elliott’s practice spans the full spectrum of intellectual property, with a significant emphasis on Canadian and global brand protection and enforcement. He is actively involved in trademark prosecution, opposition, cancellation and litigation in Canada and across international jurisdictions. Elliott has in-depth experience drafting and negotiating licensing, joint ventures and other agreements relating to the exploitation and transfer of brands and technology.
From transaction diligence to rights enforcement
The core areas of his practice include the management and implementation of IP due diligence investigations. Calibrating to the scale of the transaction, Elliott plans and executes an appropriate scope of inquiry ranging from straightforward status and ownership confirmations to more complex assessments, including freedom to operate, and evaluations of the validity and enforceability of patent and trademark assets.
In addition to pursuing traditional remedies against infringers through the Federal Court of Canada, Elliott leverages alternative venues and strategies to achieve swift and effective takedowns of products and services that infringe IP rights.
Elliott takes a client-centered approach grounded in a deep understanding of how trademarks and patents can be leveraged to drive commercial success. He works closely with clients to ensure IP-related choices are informed, strategic, and aligned with evolving business objectives, while helping them navigate the complexities of protection, enforcement, and licensing. Drawing on experience advising organizations from early-stage start-ups to multinational companies, Elliott is committed to understanding each client’s unique goals and challenges and to showing how brands and technology can be used to advance those priorities. He also focuses on educating and empowering clients by strengthening internal IP capabilities—helping put practical structures, resources, and training in place so clients can confidently manage IP issues in step with legal counsel.
He's been recognized as a leading lawyer for Health Sciences in Lexpert Special Edition: Health Sciences in 2025. He is also consistently listed in World Trademark Review 1000, The Canadian Legal LEXPERT® Directory and World IP Review Leaders.
Qualifications
- News
- Speaking
- Industry Involvement
- In the Media
- "Critical issues and strategic considerations for Canadian SMEs", (co-speaker: Meika Ellis), Smart & Biggar webinar, March 21, 2024
Memberships
- Member, International Trademark Association (INTA); Trademark Office Practices Committee (2026-2027)
- Member, Intellectual Property Institute of Canada (IPIC)
- Member, Canadian Bar Association (CBA)
- Member, Licensing Executives Society (LES)
Teaching Activities
- Adjunct Professor of Law, University of Western Ontario (bi-annually 2010-2018)
- Former Lecturer, Director of IPIC McGill University Understanding Patents Program (2011-2016)
Publications
- "Official marks in Canada: how best to navigate a unique, but flawed, system", Word Trademark Review (WTR), October 17, 2024
