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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iFIT Inc v Safe Sweat Fitness Ltd
2023 FC 1747Defeated attempt to subpoena client for disclosure of its financial records in trademark litigation case.Read More -
Wonder Brands Inc v Canada Bread Company, Limited
2023 TMOB 107Won opposition proceeding, successfully registering MADE BY CANADA in the face of an objection the mark was geographically descriptive.Read More -
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 -
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
Unparalleled Expertise in Trademarks & Brand Protection
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WTR
12 leading trademark practitioners
2021 & 2024World Trademark Review 1000 – The World’s Leading Trademark Professionals -
WTR
Gold Band Firm
2011-2024World Trademark Review 1000 – The World’s Leading Trademark Professionals -
The Legal 500
Eight leading lawyers in IP
2024The Legal 500 Canada -
The Legal 500
Top Tier Firm for IP
2014-2024The Legal 500 Canada -
IAM & WTR
Canadian Trademark Firm of the Year
2023Global IP Awards -
Chambers & Partners
Band One Firm: Intellectual Property
2016-2024Chambers Canada -
Best Lawyers
Biotechnology & Life Sciences Firm of the Year
2023-2024The Best Lawyers in Canada -
Best Lawyers
IP Law Firm of the Year
2018, 2021-2024The Best Lawyers in Canada -
Best Lawyers
Three Lawyers of the Year
2013, 2021 & 2024The Best Lawyers in Canada -
Best Lawyers
34 leading lawyers
2024The Best Lawyers in Canada
Related Publications & Articles
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Regulation to amend mainly the Regulation respecting the language of commerce and business: key takeaways from a recent discussion with the OQLF and the Ministry of the French Language
Our firm recently had the opportunity to discuss the Draft Regulation with representatives of the Office québécois de la langue française and the Ministry of the French Language. The purpose of this a...Read More -
Interlocutory injunctions: powerful tools for trademark owners in Canada
A recent Canadian decision illustrates how powerful interlocutory injunctions can be for trademark owners involved in trademark infringement litigation in Canada.Read More -
BYOOVIZ is confusing with BEOVU: Federal Court finds violation of Novartis’ trademark rights
In a decision dated January 24, 2024, Justice Pallotta allowed Novartis’ application, finding that Biogen and Samsung’s use of the trademark BYOOVIZ in association with an ophthalmologic drug violates...Read More -
Trademark owners, beware: protecting your brand in the era of trademark scams
Trademark owners are increasingly the target of fraudulent email correspondence threatening imminent legal action or the loss of trademark rights if they don’t quickly respond. This article aims to he...Read More -
False alarm: the risks of groundless online takedown complaints
A recent Canadian decision highlights the risks associated with filing tenuous and unjustified takedown complaints that result in harm to competitors. In Keezio Group, LLC v The Shrunks’ Family Toy Co...Read More -
Canadian Trademark Law 2023: A Year in Review
2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. This article highlights some important de...Read More -
French-language requirements in Québec: Publication of the Draft Regulation to amend mainly the Regulation respecting the language of commerce and business
On January 10, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (Draft Regulation) was published in the Gazette Officielle du Québec.Read More -
Five New Year resolutions for trademark owners in 2024
A trademark has value when it is distinct and enforceable. Even registered marks can lose value if proper “trademark hygiene” is not followed throughout the year. Read on for five simple measures to h...Read More
Related News & Media
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How small businesses can use IP law to combat foreign counterfeiting – Reagan Seidler speaks to CBC News
Recently, Associate Reagan Seidler spoke with CBC News on foreign counterfeiting.Read More -
Smart & Biggar boasts 21 lawyers and agents recognized as leaders for IP in Who’s Who Legal: Canada Guide 2023
Smart & Biggar is proud to be featured as a leader in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2023. In total, 21 of our lawyers and patent agents have been recognized across...Read More -
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