Intellectual Property

Our dedicated team of IP professionals immerse themselves in our clients’ technologies and industries, and clients benefit from our interdisciplinary and commercially-focused approach to matters.

We help our clients  meet all of their trademark, patent, industrial design and copyright requirements. From the legal clearance of trademarks of all types, patentability and validity searches and patent drafting, through the registration process, through the enforcement of trademark, patent, industrial design and copyright rights in trademark opposition proceedings and litigation, our expertise provides our clients with the ability to react quickly and the know-how to secure the necessary protection effectively and efficiently.

We offer creative solutions to clients whether they require the management of a sizeable portfolio of IP assets, whether they are embarking on an acquisition or licensing program, or whether they own a small number of trademarks, logos, slogans, patents or designs which are central to their success in the marketplace. Our approach focuses on the needs of our clients, and provides flexibility to meet the brand-centred demands of the marketplace and the need to protect innovative technology.

Related Expertise

Intellectual Property Litigation and Dispute Resolution

Close

Intellectual Property Litigation and Dispute Resolution

Once our clients have acquired or developed intellectual property rights, it is essential to enforce such rights in order to maintain them. We assist our clients with every type of intellectual property litigation, including patent, copyright, trademark, and industrial design infringement actions, confidential information actions, cancellation proceedings, post-grant proceedings, passing off actions, domain name actions and complaint proceedings, and any other proceedings necessary to protect and enforce intellectual property rights, or to defend such proceedings which may be commenced against our clients. We also act in judicial review proceedings taken from decisions of the Registrar of Trade-marks or the Commissioner of Patents. Finally, we protect our clients’ rights in administrative proceedings decided by the Trade-marks Office and the Patent Office.

View Team Members

Patents and Industrial Designs

Close

Patents and Industrial Designs

Patents and Industrial Designs are valuable assets of a business. You need to ensure that your Patents and Industrial Designs are available, protected, properly used, maintained and enforced, both in Canada and around the world, so that you are taking advantage of the most up to date protection, and so that your ability to compete is not threatened. We advise businesses on:

  • Patentability opinions for new inventions, freedom to operate opinions, and Patent and Industrial Design Registration validity opinions
  • Preparation and prosecution of Patent and Industrial Design applications in Canada and globally
  • Patent and industrial design infringement lawsuits
  • Licensing of Patents and Industrial Designs
  • Due Diligence on Patents and Industrial Designs involved in business transactions
View Team Members

Trademarks

Close

Trademarks

Trademarks are often among the most valuable assets of a business. You need to ensure that your trademarks are available, protected, properly used, maintained and enforced, both in Canada and around the world, so that you are taking advantage of the most up to date protection, and so that your ability to compete is not threatened. We advise businesses on:

  • clearance of new trademarks, brands, slogans, tag lines, logos, sound marks, colour marks, product configurations, distinguishing guises, official marks, university marks, and certification marks
  • preparation and prosecution of trademark applications in Canada and globally
  • trademark infringement and passing off lawsuits, including the prevention of counterfeits
  • licensing of trademarks
  • due diligence on trademarks involved in business transactions
View Team Members

recent news & insights

Trademarks

Proposed Changes to Canadian Trademark Regulations: Enhancing Efficiency and Addressing Official Marks

Article
File folders with IP terms

Intellectual Property

Important Amendments to Canadian Trademark Regulations

Article
Canada Flags on Building

Intellectual Property

WIPR Leaders 2024

Recognition
File folders with IP terms

Corporate Commercial

Doing Business in Canada

Article
Canada Flags on Building

Trademarks

WTR 1000: The World’s Leading Trademark Professionals

Announcement
File folders with IP terms

Corporate Commercial

41 Lawyers Profiled Across 24 Areas of Law in The Best Lawyers in Canada, 2024

Announcement, Recognition

Intellectual Property

IAM Strategy 300 Global Leaders

Recognition
Headshot of Kevin Shipley with a quote

Intellectual Property

Understanding Privilege: Is Your Canadian Patent Agent Also a Lawyer?

Article
File folders with IP terms

Intellectual Property

2021 IAM Strategy 300: The World’s Leading IP Strategists

Recognition

Intellectual Property

Enforcing IP Rights Through Online Intermediaries: The Need For Regulation In Canada

Article
Hands typing on laptop with abstract digital background

Intellectual Property

Expanding A Brand Into Canada: Trademark Registrations — The Basics

Article

Technology

Federal Budget 2021: Investments in Technology and the Canadian Innovation Ecosystem

Article
Abstract Technology Icons

Intellectual Property

Protecting Confidential Information in Canada: Is There a Better Way?

Article
Protecting Intellectual Property Computer Image

Intellectual Property

Canadian Innovation During The Covid-19 Pandemic

COVID-19 Resource

Intellectual Property

SCC Leave Denied: Public Authorities — Not Immune To Trademark Infringement Claims

Article

Intellectual Property

Trademark Use: No Need For A “Bricks And Mortar” Presence In Canada

Article

Intellectual Property

Trademark Use: No Need for a “Bricks and Mortar” Presence in Canada

Article

Intellectual Property

Women in Business Law 2020

Recognition

Intellectual Property

2020 IAM Strategy 300: The World’s Leading IP Strategists

Recognition

Intellectual Property

Generic.Com – Registrable In Canada?

Article

Intellectual Property

Businesses Beware: Depreciation in Goodwill Claims Not Bound by Industry Lines

Article

Intellectual Property

The Federal Court of Appeal Upholds Canada’s Anti-Spam Legislation as Constitutional

Article

Intellectual Property

IAM Patent 1000: The World’s Leading Patent Professionals

Recognition

Patents and Industrial Designs

Pandemics and Emergency Access to Patented Technology in Canada

Article, COVID-19 Resource

Intellectual Property

Named a Top 100 Firm by the PCT Network

Announcement

Intellectual Property

Battle Brewing Between Beer Companies Over Muskoka Chair Logo

Interview

Intellectual Property

Canada’s Impending Trademark Law Changes to Affect How IP Lawyers Protect Fate of Clients’ Brands

Interview

Intellectual Property

Will There be Trademark Trolls in Canada or Are They Already Here?

Article

Connect with our team

Exceptional teams with a personal touch – that’s the Foglers Advantage.
Find a lawyer in this practice area