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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Canadian Lawyer
One of the Top 10 IP Boutiques in Canada
2016-2025Canadian Lawyer -
Best Lawyers
IP Law Firm of the Year
2018, 2021-2025The Best Lawyers in Canada -
IAM & WTR
Canadian Patent Prosecution Firm of the Year
2024Global IP Awards -
Lexpert
IP Boutique Firm of the Year
2020-2024Canadian Law Awards -
Euromoney LMG
Canada Firm of the Year
2021-2024Women in Business Law Americas Awards -
Euromoney LMG
Career Development North America Firm of the Year
2022-2024Women in Business Law Americas Awards -
Euromoney LMG
Work-Life Balance North America Firm of the Year
2023-2024Women in Business Law Americas Awards -
Chambers & Partners
Seven IP leaders
2012 & 2024Chambers Global – The World’s Leading Lawyers for Business -
MIP
Tier One Firm for Trademark Law
2014-2024IP Stars: Trademarks -
MIP
Canadian Trademark Disputes Firm of the Year
2009, 2011, 2014-2017, 2020 & 2022, 2024Managing IP Americas Awards
Related Publications & Articles
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Is your trademark in use? CIPO targets “deadwood” in 2025 and what you should expect
Beginning in January 2025, the Canadian Trademarks Office will start proactively and unilaterally (i.e., without a request by a third party) sending notices to registered trademark owners requiring th...Read More -
The OQLF’s new guidelines: practical resources for trademarks on products
On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. Since then, the Off...Read More -
CIPO’s new Specificity Guidelines for goods and services: what you need to know
Those familiar with filing and prosecuting trademark applications in Canada will know that the Canadian Intellectual Property Office (CIPO) has among the world’s most stringent standards for assessing...Read More -
Official marks in Canada: a unique system with notable flaws
This article explores the topic of official marks in Canada, including the benefits and challenges that the regime presents. It also proposes potential reforms to strike a better balance between those...Read More -
Developing a sound global trademark filing strategy
This article explores three essential steps for developing an effective global trademark filing strategy: determining key parameters of your trademark applications based on your commercial priorities,...Read More -
Don’t take the bait: avoiding trademark phishing scams
This article outlines the nature of these scams and the tactics cyber-criminals are using to manipulate victims, and includes essential tips on protecting yourself and your business.Read More -
Upcoming amendments to the Regulation respecting the language of commerce and business
On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business was published in the Gazette officielle du Québec. This article provides our preliminar...Read More -
Confirmed: delays in first examination of Canadian trademark applications to be reduced substantially
During a recent meeting, the Canadian Intellectual Property Office (CIPO) revealed plans for a significant reduction in the first examination of Canadian trademark applications not using the pre-appro...Read More
Related News & Media
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Trademark protection for online content creators: Jamie-Lynn Kraft in CBC News
In a recent interview with CBC News, Principal Jamie-Lynn Kraft speaks about the importance of formal trademark protection for online content creators in today’s digital age.Read More -
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