Brand Protection Lawyers

Someone is using a name or logo that looks a lot like yours, selling counterfeits of your products, or registering a domain built on your brand? A trademark infringement lawyer can assess whether your rights are being violated, send a demand letter, have copies taken down and, if needed, take the matter to court. On this page you can compare lawyers who handle brand protection in Quebec, see their rates and availability, and book a consultation online.

This page is about enforcing a brand that already exists. If you still need to register your mark, see our page on trademark registration lawyers. For the wider field, including copyright and patents, see intellectual property lawyers.

What a brand protection lawyer does

A lawyer in this area helps you defend the names, logos, slogans and get-up your customers recognize. That can mean assessing whether another business's use is confusing, gathering evidence, writing or answering a demand letter, negotiating a settlement or a coexistence agreement, filing takedown complaints with online platforms, opposing a confusing application, handling domain-name disputes and, when talks fail, bringing or defending a lawsuit.

Common situations

• Copycat name or logo: a competitor uses a brand close to yours and customers are calling the wrong business or leaving reviews meant for you.
• Counterfeit products: fake versions of your goods are sold online, in stores or at markets.
• Look-alike branding: someone imitates your packaging, colours or store design so that people think the products come from you.
• Marketplace listings: sellers on online marketplaces or social media use your name, photos or logo.
• Domain names: a website address built on your brand was registered by someone else, sometimes to resell it or redirect your customers.
• A confusing application: another company has applied to register a mark close to yours.
• You received a demand: another business says your name infringes its mark and wants you to stop.

Trademark infringement and passing off in Canada

Trademarks are governed by the federal Trademarks Act, so the same core rules apply in Quebec as in the rest of Canada. In general terms, the owner of a registered mark can act against someone who uses the same mark, or a confusing one, for goods or services, or who uses it in a way likely to depreciate the goodwill attached to it. The key question is usually confusion: would a typical consumer, at first impression, think the products or services come from the same source?

Without a registration you are not left empty-handed. A business that has built a reputation in a name can bring a passing-off claim when another business misleads the public into confusing the two. These claims are harder to prove, because you have to show your reputation, the misrepresentation and the harm. That is one reason a registration makes enforcement much simpler.

Ways to enforce your brand

Most disputes are settled long before a judgment. A lawyer will usually choose among these tools, often combining several:

• Demand letter: a formal letter, called a mise en demeure in Quebec, asking the other party to stop, and often to withdraw products or change its name. Read our guide on how a demand letter works in Quebec.
• Negotiation: a rebranding period, a coexistence agreement or a licence can sometimes settle things on terms both sides can live with.
• Platform takedowns: major marketplaces and social networks have their own procedures for reporting listings that infringe a trademark.
• Opposition: you can oppose a confusing application before the Trademarks Opposition Board once it is advertised. The deadlines are strict.
• Court action: infringement claims can be brought before the Federal Court or a provincial superior court, such as the Superior Court of Quebec. A court can order the use to stop and award compensation.

Counterfeits and domain names

Counterfeits call for evidence: test purchases, screenshots, seller details and dates. Owners of a registered mark can also ask the Canada Border Services Agency for help in detaining suspected counterfeit goods at the border, a process a lawyer can set up for you.

For domain names, a .ca address can be challenged through the dispute resolution policy of the Canadian Internet Registration Authority (CIRA), and many other extensions such as .com have their own international procedure. In general, you need to show rights in the mark and that the domain was registered in bad faith. A lawyer can tell you whether that route or a direct approach to the owner makes more sense.

Monitoring your brand

Enforcement starts with knowing what is out there. A lawyer or agent can set up a watch service that flags new applications close to yours in the Canadian Intellectual Property Office database, along with similar business names and online uses. Spotting a problem early keeps your options open, including opposing an application before it is registered.

Quebec: French-language rules

In Quebec, the Charter of the French Language also affects how brands appear on signs and products. In general terms, a trademark in another language can be used on its own only in limited cases, notably when it is registered and no French version is registered, and French must be predominant on signs visible from outside. A lawyer can check that your own branding complies before you enforce it against others.

When to call a trademark infringement lawyer

• As soon as you notice a copycat name, logo or counterfeit, before evidence disappears.
• Before sending a demand letter, so it is accurate and does not expose you to a counterclaim.
• When you receive a demand or a lawsuit about your own name.
• When a confusing application is advertised and the opposition window is open.

Preparing for your consultation

• Your registration or application numbers, if any, and the mark as you use it.
• When and where you started using the brand, with examples (labels, website, invoices, ads).
• Screenshots, links, photos and purchases showing the other party's use, with dates.
• Signs of actual confusion: misdirected calls, emails, reviews or orders.
• Any letters already exchanged.

For tips on picking the right person, read our guide on how to choose a lawyer in Quebec.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates, language and availability, and book a consultation directly. Each lawyer sets their own rates, and you can see them before you book. You can also search all brand protection lawyers or see brand protection lawyers in Montreal.

Frequently asked questions

What are the legal consequences of trademark infringement in Canada?

A court can order the infringing use to stop, and award damages or the profits made from the infringement. It can also order infringing goods to be handed over or destroyed. What applies depends on the facts and the evidence.

Do I need a registered trademark to stop a copycat?

Not always. Without a registration, you may still have a passing-off claim if you have built a reputation in the name. A registration makes your rights easier to prove and enforce across Canada.

Should I send a cease-and-desist letter myself?

You can, but a poorly worded letter can backfire, for example by overstating your rights or giving the other side reason to sue first. Having a lawyer review or send it is usually safer.

Someone registered a domain with my brand. What can I do?

Options include contacting the owner, using a domain dispute procedure such as CIRA's for .ca addresses, or going to court. A lawyer can tell you which route fits your evidence.