Trademarks & Branding
- Overview
- Who To Contact
- Representative Matters
- Recent Developments
Our trademark agents and lawyers assist clients in developing and managing national and global trademark portfolios. They conduct searches to determine the availability of trademarks for use and registration in Canada and elsewhere, and provide a full range of services relating to the prosecution, registration and maintenance of trademarks.
We also help our clients increase their brand exposure with the counsel of our lawyers who are experts in regulatory, advertising and marketing matters.
Our group publishes the Trademarks Quarterly Report, which provides a consolidated source of our group’s publications from the preceding quarter. To read our current edition, click here.
Contacts
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BioFull bio
Grant is focused on determining the most effective solutions to clients' business, licensing and intellectual property issues.
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BioFull bio
Ken is driven to help his clients resolve their problems, particularly the ones for which it seems there is no answer.
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BioFull bio
Joanna is an intellectual property lawyer who enjoys developing and nurturing relationships with clients and colleagues alike.
Group Members
Representative Matters
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CIPO Rules in Favour of The Niagara Herbalist in Trademark Dispute
On February 5, 2024, the Canadian Intellectual Property Office ruled in favour of The Niagara Herbalist Ltd. in trademark dispute Nova Cannabis Stores Limited Partnership v. The Niagara Herbalist Ltd....
Recent Developments
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TheSpotlight
U.S. Supreme Court Refuses Trademark for ‘Trump Too Small’
This article discusses the U.S. Supreme Court's decision to deny a trademark application for "Trump too small," affirming that trademarks cannot use names of living individuals without their consent. -
TheSpotlight
Use It or Lose It: Summary Trademark Expungement in Canada
The Federal Court’s recent judgment in Centric Brands Holdings LLC v. Stikeman Elliott LLP, 2024 FC 204 has clarified that an intention to use a trademark at a future date is not a special circumstanc... -
Firm News
Aird & Berlis Trademark Practice and Practitioners Recognized in 2024 WTR 1000
Aird & Berlis is proud to be recognized in the 2024 edition of World Trademark Review 1000: The World’s Leading Trademark Professionals at both the firm and individual levels. -
TheSpotlight
Too Byosimilar? Federal Court Finds Trademark for BYOOVIZ Infringes BEOVU
Despite being different drugs with different active ingredients, the Federal Court of Canada recently held that BYOOVIZ was confusing with BEOVU in part because they treat the same condition (a form o... -
TheSpotlight
The Mountains Are Calling – Rare Interlocutory Injunction in Outdoor Apparel Trademark Dispute
Canadian-based Arc’teryx obtained a rare interlocutory injunction against Adidas Canada from using its TERREX mark on a retail store in Vancouver. -
TheSpotlight
Reduction in Extensions of Time Available in Trademark Oppositions and Section 45 Proceedings
Parties should be prepared to be more proactive in the preparation of evidence and consideration of settlement in view of the shortened time frames. -
TheSpotlight
Canadian Federal Court of Appeal Maintains Finding of Confusion, Despite Co-Existence Agreement
A recent Canadian Federal Court of Appeal decision maintained a finding of likelihood of confusion between two non-identical marks, despite a co-existence agreement between the owners of the marks. -
TheSpotlight
From Logo to No-Go: Understanding the Risks of Refreshing Branding
While there may be significant marketing advantages to a branding refresh, businesses should take care to ensure that any branding update is done in lockstep with their trademark strategy. -
Article
Canadian Trademark Service Fees Are Increasing in 2024: Consider Paying Fees in Advance
Effective January 1, 2024, the Canadian Intellectual Property Office (CIPO) will implement a fee increase for most trademark services. -
Publication
Tech Lending: What Are IP Assets?
Knowing how different kinds of IP work and how ownership interests are protected at law enables lenders to assess the value of a business’s intangible assets and overall viability. -
News Item
Aird & Berlis Trademark Practice and Practitioners Recognized in 2023 WTR 1000
Aird & Berlis is proud to be recognized in the 2023 edition of World Trademark Review 1000: The World’s Leading Trademark Professionals at both the firm and individual levels. -
TheSpotlight
Federal Court Expunges Licensee’s Trademark Registrations for Bad Faith
The Federal Court recently expunged a sublicensee’s registration of the brand owner’s trademarks on the basis of bad faith and awarded punitive damages to the brand owner. Blossman Gas, Inc. v. Allian... -
Firm News
Tim Lowman Recognized in IAM Strategy 300 Global Leaders 2023
Aird & Berlis is pleased to announce that Tim Lowman, head of the firm's Intellectual Property Group, is recognized in IAM Strategy 300 Global Leaders 2023. This guide features some of the foremost ex... -
TheSpotlight
Adoption of Bill 96 – Are Your Trademark Rights Secured?
On May 24, 2022, the National Assembly of Québec adopted Bill 96, An Act respecting French, the official and common language of Québec, reforming language laws in the province. Bill 96 will have broad... -
Firm News
Tim Lowman and Ken Clark Recognized as 2022 IP STARS
Two of our leading intellectual property lawyers have been recognized as Trademark stars in the 2022 edition of IP STARS, Managing Intellectual Property’s guide to the world's leading IP firms and pra... -
TheSpotlight
Ghost in the Well: Court Expunges Registration of a Competitor’s Trademark
While the concept of “bad faith” has percolated in Canadian trademark law for some time, the Federal Court’s recent decision in Advanced Purification Engineering Corporation (APEC Water Systems) v. iS...