Trademarks are among an organization’s most visible and valuable assets. Strong brands depend on effective protection, consistent use, and timely enforcement. Fasken advises clients on trademark strategy, registration, oppositions, cancellations, licensing, brand management, domain name disputes, social media disputes, and enforcement to help protect reputation, reduce risk, and support growth in competitive and digital markets.
Trademarks in a Competitive and Digital Marketplace
Trademarks shape how customers identify, trust, and choose products and services. As brands expand across jurisdictions, digital platforms and the sphere of artificial intelligence, organizations must manage increased risk from imitation, misuse, and online infringement. Trademark protection today extends well beyond registration to active portfolio management, digital enforcement, and coordinated global strategies.
Fasken helps clients protect, enforce and commercialize trademarks, domain names and other digital identifiers in ways that align with brand strategy, business priorities, and evolving market realities.
What You Can Expect
- Clear, business‑minded trademark advice aligned with brand and growth objectives
- Proactive trademark clearance and risk assessment to support brand adoption and expansion
- Efficient trademark portfolio management in Canada and globally, including filing, maintenance, audits and gap-analysis and rationalization
- Depth of expertise and experience from leading trademark practitioners who consistently deliver effective solutions in highly complex and challenging situations.
- Practical support for digital, artificial intelligence, e‑commerce, and social media environments
- Coordinated enforcement to protect reputation and market position
- Strategic representation in opposition proceedings and cancellation proceedings, focused on efficient and effective outcomes.
- Integrated support with IP litigation, commercial, and regulatory teams
Who We Serve
Brand‑Driven and Consumer‑Facing Businesses — Organizations for whom trademarks are central to reputation, trust, and customer recognition.
Technology, E‑Commerce, Artificial Intelligence and Digital Platform Companies — Businesses operating in online, highly technological and cross‑border environments with heightened trademark risk.
Retailers, Manufacturers, and Service Providers — Companies managing brand portfolios across multiple products, services, and jurisdictions.
Start‑Ups and Growing Brands — Organizations seeking scalable trademark protection as they expand into new markets.
How We Support Brand Protection
Trademark and brand strategy: Clearance searches and trademark registrations in Canada and globally through trusted global networks.
Portfolio management: Ongoing optimization of trademark protection to meet present and future business objectives and technological evolution.
Digital Enforcement: Targeted enforcement, and protection across e‑commerce, websites, social media platforms and artificial intelligence services.
Trademark Disputes: Trademark oppositions, cancellations and domain name arbitrations.
Litigation: Trademark litigation before courts of law to address infringement, passing off and misuse, including for time sensitive injunctions.
Commercial and transactional support: Trademark support in licensing, distribution agreements, M&A, and other commercial transactions.
Why Clients Choose Fasken
Clients choose Fasken for trademark advice that balances brand protection with commercial realities. We understand how trademarks support reputation, market access, and growth, and we tailor our guidance accordingly.
Fasken’s trademark practice is consistently recognized by independent legal directories and industry publications, reflecting sustained involvement in complex brand protection and enforcement matters.
Our clients obtain advice from trademark practitioners who are at the leading edge of developments in trademarks law.
They are prolific authors and speakers who consistently publish and speak about key trending issues in trademarks law that have an impact on trademark owners. We can provide guidance on future developments as we regularly provide feedback to the Canadian Intellectual Property Office (CIPO) and the Federal Court of Canada regarding proposed amendments to rules, practice notices, regulations and trademark legislation.
We are actively involved in multiple international intellectual property associations, such as the International Trademark Association (INTA), which allows us to provide clients with visibility on developments across the globe.
What Success Looks Like
Trademark Portfolio Development: Helped a company in the beverage space develop a portfolio across 100+ countries across the world and manage objections and oppositions.
Opposition and Enforcement Proceedings: Represented a leading company in the supplements industry in a combination of judicial and opposition proceedings to put an end to a copycat product seeking to appropriate its goodwill.
Digital Brand Protection: Advised an established player in the financial space to put an end to a string of online phishing attempts through look-alike online platforms.
Transaction Support: Supported trademark diligence and brand licensing in numerous high-value transactions for consumer and industrial products and services.
Frequently Asked Questions (FAQs)
Q: Do you advise on both trademark protection and enforcement?
A: Yes. We support clients across the full trademark lifecycle, from clearance and registration to enforcement and litigation. We ensure that our trademark prosecution work positions clients in the most optimal manner for their future enforcement efforts.
Q: Can you help protect trademarks online and on social media?
A: Yes. We advise on trademark protection and enforcement in digital, e‑commerce, and social media environments. We are very effective in implementing online take down proceedings and combining this with litigation to resolve online violations.
Q: Do you coordinate international trademark filings?
A: Absolutely. We manage international trademark strategies through trusted global associates. We coordinate on a daily basis trademark filings on all five continents.
Q: Do you handle trademark disputes and oppositions?
A: Yes. We regularly represent clients in oppositions, cancellations, and trademark litigation. We are known to develop and execute unique litigation strategies that keep adversaries off-balance and help clients achieve efficiently their business objectives.
Q: Can you offer advice on trademark strategy?
A: Yes. This is a key area of specialty. Our combined experience in trademark filings, trademark disputes and mergers and acquisitions allows us to develop customized approaches for each of our clients that are adapted to their business plans, their market positioning, the competitive landscape and their future financing and exit strategy.
Q: Are you able to help with urgent trademark infringement matters?
A: Yes. Our powerful litigation expertise allows us to take urgent action on behalf of clients before the courts to stop in its tracks infringers using injunctions before their market position is irreparably harmed. Get in touch with us as soon as possible if you have this business need.
Your Team at Fasken
Our lawyers support clients in protecting and enforcing trademarks across the full brand lifecycle, from portfolio development and registration to digital enforcement and disputes. Clients value our ability to translate brand strategy into practical trademark protection and to coordinate seamlessly with litigation, commercial, and regulatory colleagues when brand value is at stake.
