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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Cheung’s Bakery Products Ltd v Easywin Ltd
2023 FC 190Successfully represented Cheung’s Bakery Products Ltd in invalidating the registration of a third party’s Chinese character trademarks on the basis of confusion and bad faith.Read More -
Fasken v Getemed
2022 TMOB 217Successfully defended international client’s trademark registration in Canada.Read More -
Randy River Inc v Osler, Hoskin & Harcourt LLP
2022 FC 1015Successfully defended client’s trademark registration in section 45 appeal.Read More -
Kiva Health Brands LLC v Limoneira Company
2022 TMOB 68Successfully defended client’s trademark registration when ownership of mark challenged.Read More -
Ultima Food Inc v M-C Dairy Company (1991) Limited
2022 TMOB 011Successfully represented the opponent in these six oppositions to register images of cartoon-like characters.Read More -
Andrea Wilson, c.o.b. as Achieve v AchieveForum, Inc
2022 TMOB 264Successfully represented the applicant in this opposition to the mark ACHIEVEFORUM.Read More -
Institut National de l’Origine et de la Qualité and Comité interprofessionnel du vin de Champagne v Sugarfina, Inc
2021 TMOB 238Successfully opposed the registration of the trademark CHAMPAGNE BEARS of Sugarfina, Inc, in association with “candies; candy; gummy candies”, on behalf of the Opponents the Comité Interprofessionnel ...Read More -
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
Unparalleled Expertise in Trademarks & Brand Protection
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Euromoney LMG
Best Canadian Firm
2021-2023Women in Business Law Americas Awards -
Euromoney LMG
Best National Firm in North America for Career Development
2022-2023Women in Business Law Americas Awards -
Euromoney LMG
Best National Firm in North America for Work-Life Balance
2023Women in Business Law Americas Awards -
Benchmark Litigation
IP Litigation Firm of the Year
2015-2023Benchmark Canada Awards -
Euromoney LMG
Best National Firm in North America for Women in Business Law (Shortlisted)
2014, 2015, 2019-2023Women in Business Law Americas Awards -
Euromoney LMG
Best National Firm in North America for Diverse Women Lawyers (Shortlisted)
2023Women in Business Law Americas Awards -
Euromoney LMG
Best National Firm in North America for Work-Life Balance (Shortlisted)
2014-2015, 2020-2023Women in Business Law Americas Awards -
Euromoney LMG
Best Gender Diversity Initiative by a National Firm in North America (Shortlisted)
2018-2023Women in Business Law Americas Awards -
Euromoney LMG
Best National Firm in North America for Career Development (Shortlisted)
2022-2023Women in Business Law Americas Awards -
Euromoney LMG
Best Canadian Firm (Shortlisted)
2014, 2015, 2017-2023Women in Business Law Americas Awards
Related Publications & Articles
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The Canadian Trademarks Office has backtracked on one of the options for accelerating examination of trademark applications
Earlier this week, we reported upon a new development for accelerating examination of Canadian trademark applications. However, the Trademarks Office has backtracked, imposing the previous, more oner...Read More -
INTA builds coalition in response to Quebec’s Bill 96
In May 2022, the Quebec National Assembly amended the Charter of the French Language and other related statutes with An Act Respecting French, known commonly as Bill 96. Around Bill 96, INTA—in coalit...Read More -
A fine line: Green branding or greenwashing?
Over the past several years, companies across the globe have seen an increasing demand for green and sustainable products and services. This demand has resulted in the rise of “green branding”. Green ...Read More -
Who owns AI-generated creations – and why you should care
Canadian IP Voices: Episode 26
Guillaume Lavoie Ste-Marie spoke on the topic of Artificial Intelligence (AI) and IP protection for AI-generated works as a guest on Canadian IP Voices, an official podcast produced by the Canadian In...Read More -
Failed second bite at the cherry (pie): Federal Court invalidates foreign-language marks filed in bad faith
Local Canadian bakery succeeds in Chinese character trademark case against Hong Kong-based global competitor
The Federal Court recently had occasion to revisit the issue of confusion between foreign-language trademarks involving the use of Chinese characters in Canada.Read More -
Canadian Trademark Law 2022: A Year in Review
The article highlights some of the most important new laws, cases, and practice directions from 2022 that brand owners should be aware of when doing business in Canada.Read More -
In-house counsel primer: Managing IP and compliance risks in artificial intelligence and a digital world
This article provides a summary of key insights and takeaways from the panel, with strategies for in-house counsel to leverage and protect a company’s valuable portfolio, both offensively and defensiv...Read More -
Bill 96 and its impact on the French-language requirements in Québec
The French language holds the status of official language in the province of Québec through the Charter of the French Language (RLRQ c C-11), thus making the use of the French language mandatory in al...Read More
Related News & Media
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Connect with Smart & Biggar’s leading Canadian trademarks team at INTA 2023
Smart & Biggar is pleased to share that several members of our Trademarks team will be attending the 145th International Trademark Association (INTA) Annual Meeting, live and in-person, hosting th...Read More -
Smart & Biggar shortlisted in nine categories including ‘Americas Firm of the Year’ in the Managing IP Americas Awards
Smart & Biggar is proud to share that the firm has been included on the shortlist once again for the Managing IP America Awards, reflecting our market leadership in Canada for IP services.Read More -
Smart & Biggar boasts 16 lawyers and agents recognized as leaders for IP in Who’s Who Legal: Canada Guide 2022
Smart & Biggar is proud to be featured once again as a leader in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2022. In total, 16 of our lawyers and patent agents have been recogn...Read More -
Smart & Biggar ranked #1 again for Intellectual Property in The Legal 500 Canada, 2023 edition
Smart & Biggar is pleased to share the firm’s ongoing recognition as a ‘Top Tier’ firm for Intellectual Property in the latest edition of The Legal 500 Canada, for the ninth consecutive year.Read More -
Smart & Biggar boasts ten lawyers and agents recognized in the 2022 edition of Expert Guides: Rising Stars
Smart & Biggar is proud to share that ten of the firm’s lawyers and agents have been recognized as future IP leaders in the 2022 edition of Expert Guides: Rising Stars. Listed among Canada’s brigh...Read More -
Smart & Biggar receives Managing Intellectual Property's highest ranking in all practice areas in 2022
Smart & Biggar is proud to share that we have been recognized as a Tier 1 firm in all practice areas in Managing Intellectual Property (MIP) IP Stars, Canada 2022.Read More -
Smart & Biggar ranks ‘Top Tier’ with 18 ‘IP Stars’ and 10 ‘Notable Practitioners’ named in the 2022 Managing Intellectual Property guide
Smart & Biggar is proud to share that 18 partners have been listed as ‘IP Stars’ in the 2022 edition of the Managing Intellectual Property (MIP) guide. In addition to this, 10 of our trademark and...Read More -
Smart & Biggar’s leading Canadian trademarks team at INTA Annual Meeting Live+
Smart & Biggar is pleased to share that several members of our Trademarks team will be attending the 144th International Trademark Association (INTA) Annual Meeting, live and in-person after a two...Read More