Intellectual Property

Overview

Miller Thomson’s Technology, Intellectual Property and Privacy Practice Group’s lawyers offer strategic insights and solutions to companies facing complex intellectual property issues.

We understand that such issues must be considered in the context of larger business needs and interests. We have deep capabilities across all categories of IP protection, enforcement and transactional matters. We can identify intangible assets – including brand names, logos, slogans, and works of authorship of every variety – and obtain the appropriate protection for them, assist with the commercialization of such intangible assets in the marketplace, and protect them from infringement. Regardless of a company’s size, we pursue comprehensive intellectual property strategies that are aligned with the company’s business plan and long-term objectives and budget.

Our lawyers – many of whom with technical backgrounds, advanced degrees and vast experience – provide the necessary insight and practical solutions for advising clients on all aspects of IP, including brand and portfolio management, IP due diligence audits, IP licensing, IP clearance and prosecution, technology commercialization, IP litigation, and corporate IP strategies.

We can also guide you through the purchase and sale of IP assets including domain names, trademarks, copyrights and patents. The diversity of expertise and technical background within our Technology Group enables us to ensure that the right person is entrusted with your business matters. Our lawyers utilize technology in a manner that not only enhances their practice, but reduces the cost of litigation.  Our trial technology includes the latest systems available for document storage, retrieval and imaging.

Our IP Group is also connected with the Multilaw global network of member law firms to provide seamless service across industries and practices in over 100 countries with over 11,000 commercially focused business lawyers.

TRADEMARKS

  • Strategic counseling, portfolio audits and advisory opinions
  • Trademark filing, protection and global brand management
  • Trademarks clearance opinions and brand protection
  • Domain names and internet and social media platforms enforcement
  • Licensing and other IP commercialization agreements and transactions
  • Anti-counterfeiting investigations and litigation
  • Trademark oppositions and cancellations
  • Unfair competition, trade dress, false advertising and trademark dilution defence and enforcement
  • Litigation and dispute resolution in federal and superior courts
  • Trademark appeals and disputes

PATENTS

  • Strategic intellectual property counseling
  • Validity, infringement, and freedom-to-operate opinions
  • Patent portfolio planning, analysis, and development
  • Licensing, transactions, and agreements
  • Patent due diligence

COPYRIGHT

  • Strategic counseling, registration, and advisory opinions
  • Litigation and dispute resolution in federal and superior courts
  • Transactions and agreements
  • Licensing agreements
  • Protection and enforcement

IP LITIGATION

  • Patent enforcement and defence
  • Trade secret and confidentiality agreement litigation
  • Trademark and Trade dress litigation
  • Copyright litigation
  • Breach of confidence and non-disclosure agreement litigation
  • Obtaining interim injunctions and restraining orders
  • Representation before patent appeal board, superior and federal courts
  • Appellate court practice

Awards & accolades

Our Group includes a number of lawyers featured as leading lawyers by various legal and industry publications including Lexpert, Best Lawyers in Canada, Who’s Who Legal, World Trademark Review 1000, and many more.

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