What onbrand::IP can do for you

onbrand::IP provides a comprehensive range of intellectual property services in the service categories highlighted below.  We welcome a discussion with your concerning your own specific IP needs and how onbrand::IP can assist you.

Trademark Registration

Protect Your Brands and Reputation.  Register Your Trademarks.

  • Clearance/Availability/Searches
    • Trademark availability searches ensure your proposed trademark is available for use and not the same or similar to a competitor’s trademark
    • Ensuring your proposed trademark is distinctive and registrable
  • Registration
    • Preparation and prosecution of trademark applications in Canada
    • Overseeing foreign trademark applications through foreign counsel
    • Registration maintenance
  • Oppositions
    • Defending objections to the registration of an applied for trademark
    • Opposing the registration of confusing trademarks by others

Trademark Infringement

Stop Others From Using Your Trademarks.

  • Cease and desist letters to trademark infringers
  • Court proceedings against infringers of registered trademarks under the Trademarks Act
  • Court proceedings against infringers of non-registered trademarks (referred to as “passing off”)

Trademark Cancellation Proceedings

Clear Same or Similar Trademarks On the Trademarks Register That Are Preventing the Registration of Your Trademark.

  • Expungement of registered trademarks through the Trademarks Opposition Board for non-use
  • Court proceedings to invalidate a trademark registration on the basis of unregistrability, non-distinctiveness and non-entitlement

Brand Strategy

Are you Making the Most Out of Your Brands and Logos?

  • Due diligence
    • Reviews of currently in use and prospective trademarks and providing recommendations regarding proper use (as registered) and registration
    • Ensuring all goods and services used in association with a trademark are included in the registration of that trademark, and amend the registration as necessary
    • Ensuring proper use of trademark notices such as ®, TM and MC (not required in Canada but encouraged)
    • Ensuring proper identification of the owner and, where applicable, the licensee, such that use of the mark is attributed to the correct single entity owner, and to mitigate against cancellation proceedings for non-use
    • Ensuring proper trademark licensing agreements are in place to prevent invalidation of a registered trademark
  • Validity Opinions
  • Infringement Opinions
magnifying glass highlighting the word brand in a word cloud

Domain Name Disputes

Stop Others From Using Your Trademark as Their Website Domain Name.

  • CDRP and UDRP Deletion or Cancelation Proceedings
    • Proceedings to delete or transfer an infringing domain name registered by another in bad faith where the domain name is confusingly similar to your trademark (cybersquatting)

Copyright

Books, Website Contents, Photographs, Videos, Artistic Works, Computer Software and More.  Protect What You Created.

  • Copyright registration
  • Removal of infringing content on the internet (notices of claimed infringement under the Copyright Modernization Act)
  • Litigation
    • Cease and desist letters to copyright infringers
    • Court proceedings against infringers under the Copyright Act

Patents

New and Inventive Products and Methods.

  • Referrals to patent agents on industry by industry basis (patent applications)
  • Litigation
    • Cease and desist letters to patent infringers
    • Court proceedings against infringers under the Patent Act
    • Court proceedings to invalidate a patent registration on the basis of unregistrability

Industrial Designs

Protect the Visual and Aesthetic Aspects of Your Product’s Design.

  • Industrial design registration
  • Litigation
    • Cease and desist letters to industrial design infringers
    • Court proceedings against infringers under the Industrial Design Act

Trade Secrets/Confidential Information

Prevent Others From Appropriating Your Know-how.

  • Non-disclosure agreements
  • Litigation
    • Cease and desist letters
    • Court proceedings for breach of confidence or misuse of confidential information
    • Court proceedings for misappropriation of trade secrets

Intellectual Property Litigation

When Others Refuse to Stop Exploiting Your Intellectual Property Rights.

  • Representation for owners of intellectual property and those defending against intellectual property infringement claims
  • Cease and desist letters to infringers of intellectual property
  • Negotiations of out-of-court settlement agreements
  • Court proceedings for infringement of intellectual property, invalidating the intellectual property of others, and misuse of confidential information/trade-secrets and more

Licensing Agreements

Manage Permitted Use of Your Intellectual Property Rights By Others.

  • Intellectual property licensing agreements – especially important in ensuring proper trademark use
  • Intellectual property assignments from one entity to another
  • Due diligence – ensuring proper trademark licensing agreements are in place to prevent invalidation of a registered trademark