Ogilvie LLP - William J. Page - Legal Services

Intellectual Property

Intellectual Property rights need to be considered by virtually every organization. In an increasingly competitive marketplace, trade marks, trade secrets, domain names, copyrights, patents and other intellectual property are often the organization's most significant assets. Developing and protecting these assets requires skilled legal, technical and business assistance. We have lawyers with multi-disciplined backgrounds in areas ranging from engineering and the sciences to management consulting and alternative dispute resolution. They combine their legal, management and technical knowledge and experience to effectively counsel clients on the development, use and protection of intellectual property rights. Where disputes arise, Ogilvie LLP has a team of skilled mediators, negotiators and litigators to pursue successful resolution in the most appropriate manner.

Trade-Marks

Trade-Marks are a critical form of intellectual property. While trade-marks are granted some limited protection at common law, trade-mark registration provides important rights for use in whichever jurisdictions the trade-mark is registered. Knowing when to register or not register a trade-mark is an important legal and business decision. Trade-mark management begins with understanding the relative strength that a trade-mark may have, and how to strengthen the mark in a competitive marketplace. Ensuring that a registration can withstand challenges means knowing how to use the mark properly, by both the registered owner and any licensed users of the mark. Creating value from the mark relates not only to the appropriate use but to the marketing and promotion associated with the mark. It can include profitable licensing arrangements. Licensing applies to letting another party use your mark and to gaining the right to use another party's trade-mark. Management of trade-marks also means keeping a watchful eye over new registrations or use of trade-marks by others - identifying and stopping infringement in its earliest stages to stop market value being lost. Legal action is not always needed in matters of infringement -situations can be resolved through negotiation, mediation and arbitration. Successful trade-mark management is about understanding the business implications as well as the legal requirements. Ogilvie LLP is pleased to offer this capability.