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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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 -
Institut National de l’Origine et de la Qualité v Établissements Rivoire-Jacquemin, Société Anonyme
2021 TMOB 162Successfully opposed the registration of the trademark JURAMAN of Établissements Rivoire-Jacquemin SA, in association with “cheeses, except blue cheeses”, on behalf of the Opponent Institut National d...Read More
Unparalleled Expertise in Trademarks & Brand Protection
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Lexpert
Eight of Canada's top IP lawyers
2023LEXPERT®/American Lawyer Guide to the Leading 500 Lawyers in Canada -
Euromoney LMG
Americas Firm of the Year
2022Women in Business Law Global Awards -
The Legal 500
Top Tier Firm for IP
2015-2023The Legal 500 Canada -
MIP
Three Rising Stars in IP
2019-2022IP Stars - Rising Stars -
Best Lawyers
One Lawyer of the Year
2023The Best Lawyers in Canada -
Best Lawyers
33 leading lawyers
2023The Best Lawyers in Canada -
Chambers & Partners
Band One Firm: Intellectual Property
2016-2023Chambers Canada -
WTR
Four partners named as Global Leaders
2019, 2020 & 2022World Trademark Review -
Best Lawyers
Biotechnology & Life Sciences Firm of the Year
2023The Best Lawyers in Canada -
MIP
Tier One Firm for Patents & Trademarks
2014-2022IP Stars Guides
Related Publications & Articles
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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 -
Strong trademark jumps the language barrier; foreign-language mark refused in Canada
Unlike in the United States, brand names in foreign languages are not automatically protected in Canada. This leaves even famous marks vulnerable to poaching, with translations of well-known brands li...Read More -
The earlier the better: How to protect your brand and avoid “genericide”
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It’s official: Options for challenging “official marks” in Canada
“Official marks” are a unique feature of Canadian trademark law. Many trademark owners, even in Canada, are unaware of official marks. Those who are aware, are often unclear about the rights provided ...Read More -
The marking of trademarks in Canada
Trademark symbols are commonly seen in the Canadian and international marketplaces, and while they are easy to recognize, it’s important to understand the differences between them, their significance,...Read More -
Trademark troll loses registration after appropriating well-known mark
The Federal Court of Canada has ordered a B.C. man’s trademark registration be expunged for “bad faith” after finding it was filed solely for the purpose of resale. This is the first decision in Canad...Read More -
Bill 96 Update: Amendments to the Charter of the French language
Reduced Scope of the Recognized Trademark Exception Applied to Inscriptions on Products
Since it was introduced in May 2021, a lot of ink has been spilled, to say the least, over Bill 96, which seeks to reinforce the provisions of the Charter of the French Language (the “Charter”). The B...Read More
Related News & Media
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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 -
Smart & Biggar tops the shortlist in Canada with seven LMG ‘Women in Business Law’ awards in 2022
Smart & Biggar is pleased to share that we have been shortlisted in seven categories for this year’s LMG Women in Business Law Awards – Americas 2022.Read More -
Smart & Biggar boasts 14 Trademark lawyers recognized as “heavy hitters” in the 2022 edition WTR 1000
Smart & Biggar is proud to announce that 14 lawyers from our Trademark practice have been honoured in the 2022 edition of the World Trademark Review 1000 (WTR 1000) – The World’s Leading Trademark...Read More