Services we offer
We provide practical, timely, and business-focused legal advice and expertise in intellectual property law. Our scope of practice includes trademarks, copyright, IP transactions, domain name, privacy marketing, advertising and social media,
Trademark Registration, Portfolio Management & Brand Strategy
Protecting the exclusivity of your brand, products, and services is essential to preserving the commercial value of your business. We partner with our clients, investing time in understanding their business so we can develop a brand strategy tailored to their specific needs.
We have extensive experience supporting clients across a wide range of industries, including technology, fashion, consumer goods, cosmetics, finance, food and beverages, entertainment, sports, manufacturing, and life sciences.
We advise our clients on navigating the Canadian trademark prosecution system. Internationally, we assist our clients with the filing of trademark applications under the Madrid Protocol and we maintain a close working relationship with our network of foreign trademark professionals to facilitate our clients’ international trademark registrations and enforcement of their trademark rights in foreign countries.
Services include:
Trademark clearance searches and registrability opinions.
Trademark filing, prosecution and registration.
Trademark opposition and cancellation proceedings.
Responses to trademark objections.
Trademark renewals and maintenance.
Negotiating and drafting trademark license agreements.
Negotiating co-existence and settlement agreements.
Worldwide trademark prosecution.
Managing national and international trademark portfolios.
Customs and border enforcement regulations.
Copyright & Entertainment
Copyright provides the owner of an original work with the exclusive right to reproduce, distribute, perform, display or license that work. We help artists, publishers, musicians and other creatives protect their original works by preparing copyright registration applications, negotiating copyright assignments, licensing arrangements and advising on their rights under the Copyright Act.
We have assisted clients through the various stages of development and commercialization of artistic, choreographic, cinematographic, dramatic, literary or musical works and have extensive experience negotiating and drafting agreements in the literary and publishing industries, as well as negotiating contracts regarding rights of publicity, celebrity sponsorship, and endorsement agreements.
We also help clients register copyrights with the U.S. Customs and Border Protection agency to provide additional protection for stopping counterfeit and infringing works at the border.
Services include:
Copyright clearance searches.
Copyright applications and registrations.
Copyright assignments and license agreements.
Copyright Infringement and fair dealing opinions.
Publishing agreements.
Co-authorship agreements.
Translation agreements.
Online infringement and internet-related copyright issues.
Take down notices.
Performers’ rights and neighbouring rights.
Rights acquisition and management.
Licensing and incorporation of third party works.
Marketing, Advertising & Social Media
Marketing and advertising are essential to building brand awareness, engaging customers, and driving sales. We assist our clients with practical advice on the legislative and regulatory framework for advertising of consumer products and services in Canada. We bring a business-focused approach to compliance issues for our clients, working with them to achieve their marketing goals while also minimizing legal risk.
In Canada, influencer marketing is mainly governed by the Competition Act, which prohibits false or misleading advertising and deceptive marketing practices. Influencer marketing is a strategy where brands partner with individuals who have a significant following on social media or other online platforms to promote products, services, or brands using the influencer’s credibility and connection with their audience. We provide strategic guidance to influencers, marketing agencies and companies who are seeking to use influencers to market their products and enhance brand visibility.
Services include:
Manage claims of misleading advertising.
Responding to misleading advertising complaints.
Social media advertising.
Influencer agreements and guidelines.
Influencer marketing.
Draft and review corporate social media policies.
Review print, digital and other marketing materials.
Compliance with the misleading advertising provisions.
Advertising Standards Canada guidelines.
Ad Standards complaints and challenges.
Comparative advertising.
Packaging and labelling compliance.
Digital marketing.
Review of product performance claims.
Contests and sweepstakes.
Anti-spam (CASL), Email and SMS marketing campaigns.
Domain Disputes
A strong online presence is essential for most modern businesses. For Canadian and international companies doing business in Canada, securing a “.ca” domain name is key to signalling a local presence. Thompson Howard IP assists its clients with domain disputes in Canada, which are decided pursuant to the Canadian Internet Registration Authority’s (CIRA) Dispute Resolution Policy (CDRP) as well as disputes under the Uniform Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension (URS).
We can advise and represent you or your business in connection with domain name disputes, whether the registrant of the infringing domain name is located in Canada or not, and even when the registrant’s identity is unknown.
Services include:
Domain Name Transfer Agreements.
Domain name disputes (UDRP, URS, CDRP).
Take down notices;
Domain name portfolio management.
Commercial Transaction IP Support
Thompson Howard IP advises its clients on IP licensing as well as acquisition & disposal of IP assets.
We work closely with clients and commercial law specialists, as needed, to structure the agreement that best protects our clients’ business interests. We consider ourselves a key partner in helping our clients leverage the value of their intellectual property assets, while also preserving the IP rights that are important to them.
Thompson Howard IP assists its clients with the IP aspects of business transactions including with the IP provisions of agreements with key employees and consultants, the IP provisions of business acquisition agreements and due diligence relating to the acquisition or sale of IP assets within a business.
Services include:
Confidentiality & non-disclosure agreements.
Audits of IP assets.
Negotiating and drafting agreements for the sale and licensing of IP and technology assets.
Advising on IP due diligence and IP-related provisions of definitive merger and acquisitions agreements.
Negotiating IP provisions of commercial contracts including employment, manufacturing, distribution, consulting, independent contractor agreements.
Privacy, Data Protection & E-Commerce
Companies that use or offer online services face unique challenges when contracting with customers, suppliers and business partners. This includes ensuring online terms are legally binding and properly accepted by users as well as meeting legal requirements when collecting, using, storing, and sharing personal data.
We advise clients on all aspects of privacy, data protection and e-commerce, helping them ensure compliance with both federal and provincial legislation in Canada. Adherence to these laws is key given the serious penalties that can be imposed for breaches. Our comprehensive legal solutions help protect your business from legal risk, build trust with your customers, and support growth in today’s dynamic digital marketplace.
Services include:
Prepare and advise on privacy policies.
Privacy provisions in commercial agreements, including data sharing agreements.
Advise on best practices for preventing breaches of personal information.
Website disclaimers.
Conduct privacy gap analysis.
Resolve privacy complaints.
Data use and privacy notices.
Terms and conditions.
Terms of use and terms of service.
Website development agreements.
Contact us
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