Trade-marks, copyrights and other related intellectual property (IP) are increasingly critical to competing in an international market. Procuring, protecting and enforcing IP in a global context is now key to every company’s business strategy. As both a lawyer and a registered Canadian trade-mark agent, Athar Malik is well placed to meet the IP needs of clients.

Whether representing clients in clearing or securing trade-marks, drafting confidentiality agreements or advising on copyright and other intellectual property issues, Athar’s practical approach and eye for detail allow him to provide solutions that contribute to the success of our clients.

Services

Advising clients on the availability (clearance) of trade-marks and prosecuting trade-mark applications in Canada Representing parties in trade-mark opposition and non-use (expungement) proceedings in Canada
Assisting clients with securing trade-mark rights in other countries Prosecuting copyright applications in Canada and assisting clients with copyright issues in other countries
Advising clients regarding all types of intellectual property licensing issues, including the drafting and reviewing of license agreements Advising clients regarding confidentiality and non-disclosure agreements (NDAs), including the drafting and reviewing of such agreements
Assisting with representing parties in intellectual property litigation (including disputes relating to trade-marks and copyrights) Advising clients on general intellectual property matters, including intellectual property aspects of commercial transactions, commercial agreements, labour & employment situations and other aspects of intellectual property law

Athar’s previous experience as a litigator allows him to identify common issues raised in litigation and to avoid those pitfalls when advising clients on intellectual property matters. Additionally, with an undergraduate degree in business, Athar has a commercial understanding that allows him to suggest practical solutions that meet not only the legal, but also the business priorities of our clients.

Athar is involved with a number of professional groups that deal with IP issues, including:

  • Serving as the current editor-in-chief of the Canadian Intellectual Property Review
  • Acting on the Intellectual Property Institute of Canada’s Litigation Committee and its Trade-mark Legislation Committee
  • Sitting on the International Trademark Association’s Publications Committee

This involvement gives Athar foresight into upcoming policy and legislative changes that may impact our clients. It also allows him to advise government and organizational stakeholders of the potential impact of any legislative changes to industries represented by our clients.

Having practiced law across Canada, including downtown Toronto and Atlantic Canada, Athar’s insight and experience allow him to comfortably navigate Canadian trade-mark and intellectual property issues for each client in a way that suits their specific needs.

Awards & Distinctions
  • Junior Fellow of Massey College, 2004-2007
  • Recipient of the Medal in Commerce for graduating with the highest overall standing in the Queen’s University Commerce program and inducted into the Beta Gamma Sigma Business Honour Society, 2004
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Industry Involvement
  • American Bar Association
  • Canadian Bar Association
  • Canadian Intellectual Property Review, Editor-in-chief, 2015-Present
  • Intellectual Property Institute of Canada, Litigation Committee, 2011-Present
  • Intellectual Property Institute of Canada, Trade-mark Legislation Committee, 2011-Present
  • International Trademark Association, Publications Committee, 2016-Present
  • Licensing Executives Society
  • The Advocates' Society
Community Commitments
  • Saint John Regional Hospital Auxiliary, Director, 2015-2017
Education & Call to Bar
  • Calls to Bar: Ontario, 2008; New Brunswick, 2013; British Columbia, 2017
  • Registered Canadian Trade-mark Agent, 2010
  • Juris Doctor, University of Toronto, 2007
  • Bachelor of Commerce (Hon.), Queen’s University, 2004
External Publications & Presentations
  • “Intellectual Property Law 101: A Primer for the Non-IP Lawyer” (Speaker) - Saint John Law Society CLE - Saint John, NB - December 2016
  • “Case Summary: Graham McKenzie Andrews v. Thomas Hilary McHale and 1625531 Alberta Ltd., 2016 FC 624” (Author) - Intellectual Property Institute of Canada’s Bulletin, Vol. 340, p. 6 (November/December 2016)
  • “Intellectual Property Considerations: Intellectual Property Law 101” (Speaker) - Propel ICT Launch Program - Fredericton, NB & Charlottetown, PE - September 2016
  • “Practical Intellectual Property Considerations: Some Everyday Tips & Traps for the General Practitioner” (Speaker) - Canadian Bar Association, New Brunswick Branch CLE - Saint John, NB - December 2015
  • “Corporate Law 101 & Intellectual Property Law 101: Legal Basics for Your Business” (Speaker) - Saint John Region Chamber of Commerce, Business Immigrant Mentorship Program - Saint John, NB - November 2015
  • “DMCA the Canadian Way, Eh?: Canada’s New Notice-and-Notice Regime for Copyright Infringement” (Co-author) - Copyright & New Media Law, Vol. 19, No. 1, p. 6 (March 2015)
  • “Fullsail 2015: Raising Capital and Exit Strategies” (Panelist) - Financial and Consumer Services Commission Panel Discussion - Fredericton, NB - March 2015
  • “Case Summary: Denturist Group of Ontario v. Denturist Association of Canada, 2014 FC 989” (Author) - Intellectual Property Institute of Canada’s Bulletin, Vol. 329, p. 4 (January/February 2015)
  • “Incorporation, Investment & Intellectual Property Considerations” (Speaker) - New Brunswick Innovation Foundation Breakthru Bootcamp - Fredericton, NB - January 2015
  • “Intellectual Property Law: What Every Lawyer Needs to Know” (Speaker) - Canadian Bar Association, New Brunswick Branch CLE - Saint John, NB - November 2014
  • “R3 Gala - Afternoon Panel Discussion on Innovation” (Panelist) - Fredericton, NB - March 2014
  • “IP in Business Transactions: Canada” (Co-author) - Online: Practical Law Company (March 2012)
  • “Deemed Undertakings in Canada: a Default Rule With Big Implications for Cross-border or Parallel International IP Litigation” (Author) - Intellectual Property (Federated Press), Vol. XV, No. 1, p. 927 (November 2009)
  • “Cross-border Use of Evidence in IP Litigation: Beware the Deemed Undertaking Rule in Canada” (Author) - Journal of Intellectual Property Law & Practice, Vol. 4, No. 10, p. 699 (October 2009)
  • “Mandatory Minimum Sentences: Shackling Judicial Discretion for Justice or Political Expediency?” (Author) - Criminal Law Quarterly, Vol. 53, No. 2, p. 236 (November 2007)