Trademark Oppositions and Trademark Litigation

Hoffer Adler has years of experience in representing clients in contentious proceedings before the Canadian Intellectual Property Office (CIPO), as well as before the Ontario and Federal Courts. Our background and knowledge as trademark agents before CIPO provides us with a broad-based understanding when it comes time to enforcing or defending trademark rights against an adverse party. With this background, we can provide pragmatic advice while acting as counsel in all types of trademark proceedings. Whether you wish to protect your brand once a violation of your trademark rights has occurred, or whether you find yourself on the receiving end of allegations of trademark infringement, we can advise you on an appropriate strategy to assert or defend your rights.

Our services include:

• Initiating and defending against trademark opposition proceedings on behalf of clients before CIPO
• Acting as counsel on appeals of trademark opposition and summary cancellation (Section 45) proceedings before the Federal Courts
• Acting as counsel on appeals of trademark opposition and summary cancellation (Section 45) proceedings before the Federal Courts
• Drafting and responding to cease and desist (demand) letters
• Representing plaintiffs and defendants in proceedings for trademark infringement and passing off before the Ontario Courts and Federal Courts
• Coordinating the Canadian portion of multi-jurisdictional trademark litigation
• Acting as counsel in commercial litigation which may also involve trademark rights (such as breach of contract, trade secret litigation, etc.)
• Negotiating settlement and trademark co-existence agreements

We also assist with the following:

• Trademarks and brand management, including screening, selection, clearance searches, filing trademark applications, multi-jurisdictional filings and portfolio management, and trademark audits
• Trademarks and business transactions, including licensing, assignments, sales and distribution agreements
• Trademark issues on the Internet