Canada’s advisor to the world’s leading brands
Brand value and trademark protection have never been more important.
In today’s modern marketplace, trademark protection and management are integral to a company’s brand identity and reputation.
With the trademark landscape evolving rapidly in Canada and around the world, Smart & Biggar provides comprehensive and focused strategic advice and counselling to domestic and international brand owners ranging from successful SMEs to multinational owners of the world’s most commercially important brands, as well as to law firms located around the world. Our expertise in trademarks – unique combinations of letters, numbers, shapes, sounds, scent, taste or design used to identify a company’s products or services – extends across a vast range of industries, and our reputation for highly effective counsel and superior advice and service make us a globally recognized leader in trademark law.
Unmatched expertise in trademarks
Smart & Biggar is at the top of the Canadian trademark field and is consistently recognized as one of the world’s leading firms. We have registered well more than 100,000 trademarks in Canada, and we have been successful counsel on many of Canada’s landmark trademark decisions. It all adds up to Smart & Biggar providing premier service, advice and counsel for brand owners. Perhaps that is also why we are the only Canadian firm that has been ranked every year by the World Trademark Review in its highest tier, and we are consistently chosen by Chambers Global as a top-ranking firm in Canada.
Our clients rely on us to strategically protect, enforce and grow their brands and trademark rights. We provide a full range of trademark services, from complete portfolio management to brand clearance and sophisticated trademark protection strategies, from efficient trademark prosecution and registration to expertise in oppositions and cancellation proceedings, from vast depth in domain name protection and customs enforcement to award-winning trial and appellate advocacy.
Key Contacts
Client Success
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Loblaws Inc v Pampered Chef et al
2021 FCA 29Successfully represented Pampered Chef et al before the FCA in having affirmed the trial decision dismissing allegations of trademark infringement brought by Canada’s largest retailer.Read More -
Friedrich Geldbach Gmbh v M. Geldbach (Shanxi) Flange & Fittings Co, Ltd
2019 FC 1301Successfully invalidated the registration of a confusing trademark that was blocking the Applicant’s pending trademark application. The Applicant was successful on each ground of invalidity pled...Read More -
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Loblaws Inc v Columbia Insurance Company et al
PC v. PC. Pampered Chef Succeeds in Trademark Infringement Battle
T-548-18Successful trial resulting in Federal Court’s dismissal of infringement and dilution claims brought by Canada’s largest retailer against Berkshire Hathaway’s companies, Pampered Chef...Read More -
Institut National de l’Origine et de la Qualité, Comité Interprofessionnel du Vin de Champagne and MHCS v Sunwing Travel Group Inc, Sunwing Vacations Inc and Sunwing Airlines Inc
T-532-17Successfully represented the plaintiffs “The Champagne Parties” in obtaining a judgement on consent permanently enjoining the Defendants from using CHAMPAGNE or any variation that is false...Read More -
Badawy v 1038482 Alberta Ltd et al
2018 FC 807Successfully represented the defendant Schneider Electric in having a patent infringement action struck out at the pleadings stageRead More -
Randy River Inc v Mint Accessories Inc
CV-17-579497Successfully represented Plaintiff in action for trademark infringement and breach of contract, resulting in Defendant being permanently enjoined from continuing to infringe Plaintiff’s trademar...Read More -
Randy River Inc v Mint Accessories Inc
CV-17-579497Successfully represented Plaintiff in trademark infringement and breach of contract action, resulting in Defendant being enjoined by issuance of pre-trial interim and interlocutory injunction.Read More
Unparalleled Expertise in Trademarks & Brand Protection
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MIP
Canadian IP Boutique Firm of the Year(Shortlisted)
2011-2020Managing IP Americas Awards -
MIP
Canadian Trademark Prosecution Firm of the Year (Shortlisted)
2014-2020Managing IP Americas Awards -
MIP
Canadian Trademark Contentious Firm of the Year (Shortlisted)
2014-2020Managing IP Americas Awards -
Chambers & Partners
Four IP leaders
2016-2021Chambers Global – The World’s Leading Lawyers for Business -
Chambers & Partners
Band One Firm
2010-2021Chambers Global – The World’s Leading Lawyers for Business -
WTR
12 leading trademark practitioners
2021World Trademark Review 1000 – The World’s Leading Trademark Professionals -
WTR
Gold Band Firm
2011-2021World Trademark Review 1000 – The World’s Leading Trademark Professionals -
Lexpert
IP Boutique Law Firm of the Year
2020Canadian Law Awards -
WTR
Four partners named as Global Leaders
2019 & 2020World Trademark Review -
Chambers & Partners
Band One Firm: Intellectual Property
2016-2021Chambers Canada
Related Publications & Articles
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PC v. PC: Pampered Chef Succeeds Once Again in Trademark Infringement Battle: Smart & Biggar prevails in dismissal by Federal Court of Appeal
On February 15, 2021, the Federal Court of Appeal issued its decision dismissing an appeal from the Federal Court’s trial decision in Loblaws Inc v Columbia Insurance Company, 2019 FC 961.Read More -
Trademarks in 2020: A look back at the most notable Canadian trademark cases and developments
There were several notable trademark cases in Canada in 2020, including those addressing comparative advertising, depreciation of goodwill, brand parody, trademark ‘use’ via internet services and pote...Read More -
Trademarks Office to allow expedited examination for COVID-related goods and services
This week, for the first time in more than a decade, the Canadian Trademarks Office announced that it will grant requests for expedited examination of trademark applications.Read More -
Global brand expansion: Why Canadian trademark owners should consider whether international registration is right for them
Until last year, most Canadian brand owners doing business abroad had limited options for protecting their trademarks outside of Canada.Read More -
You’ve received a “cease and desist” letter – now what?
This is the sort of letter that no one wants to receive: one containing the words “cease and desist”. Whether it arrives by post, email or someone showing up at your door with a personal delivery, a c...Read More -
Federal Court of Appeal does not disturb lower court’s finding of 'use' for hotel services
In a highly anticipated decision, the Federal Court of Appeal recently held that a trademark owner could demonstrate “use” of a trademark in Canada in association with “hotel services” in the absence ...Read More -
French language requirements in Québec: Part 4 - Public signs, posters and commercial advertising
This fourth article of our French language requirements in Québec series explores the rules for public signs, posters, and commercial advertising in Québec.Read More -
French language requirements in Québec: Part 3 – Language used in commercial publications, including websites and social media
This third article of the French language requirements in Québec series will address the French language requirements for commercial publications. For an introduction to the Charter of the Fre...Read More
Related News & Media
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Smart & Biggar shortlisted for seven North America awards by Managing Intellectual Property
Smart & Biggar is pleased to share that the firm has been shortlisted for an impressive and industry-leading seven Canadian IP awards at Managing Intellectual Property’s 2021 North America Awards.Read More -
Smart & Biggar again earns highest ranking with 12 lawyers honoured for “success across the brand spectrum” in the 2021 edition WTR 1000
Smart & Biggar is pleased to share our acclaim in the most recent release of the World Trademark Review 1000 (WTR 1000) – The World’s Leading Trademark Professionals.Read More -
Ekaterina Tsimberis presents Trademark Law Update in IPIC "Year in Review" webinar series
Montreal partner Ekaterina Tsimberis will co-present the Trademark Law Update alongside industry colleagues as part of the “Year in Review in IP Law” webinar series presented by the IPIC.Read More -
Graham Hood and Abigail Smith chosen as Rising Stars in IP at 2020 Rising Stars Awards Americas
Smart & Biggar is pleased to share that partner Graham Hood and senior associate Abigail Smith have been honoured at the Expert Guides Rising Stars Awards Presentation on January 28th, 2021.Read More -
Daniel Anthony shares copyright and trademark insights with Ottawa business owners and entrepreneurs
Ottawa counsel Daniel Anthony will present at ‘TON of Intellectual Property’, a virtual event hosted by The Ottawa Network (TON) on January 21, 2021.Read More -
7 Smart & Biggar partners featured as leading IP lawyers in Canada in the 2021 edition of Lexpert / ALM 500
Smart & Biggar is pleased to share that 7 partners are recognized among Canada’s leading lawyers for intellectual property (IP) in the 23rd Edition of The Lexpert/American Lawyer Guide to the Leading ...Read More -
Graham Hood and Abigail Smith shortlisted by IFLR for the 2020 Rising Stars Awards Americas
Smart & Biggar is pleased to announce that partner Graham Hood and senior associate Abigale Smith have been shortlisted for the 2020 Rising Star Award Americas in Trademarks and Life Sciences, respect...Read More -
Jean-Sébastien Dupont and Graham Hood provide professional insight at Canadian Lawyer Young Lawyers Summit
Smart & Biggar partners Graham Hood and Jean-Sébastian Dupont will both virtually participate in the Canadian Lawyer Young Lawyers Summit on Tuesday, November 24.Read More