Mark Biernacki is a partner in Smart & Biggar's Toronto office. For nearly two decades, Mark has helped clients with their intellectual property needs, focusing on IP litigation and trademark prosecution. His practice spans all areas of intellectual property, including patents, trademarks, copyrights and industrial designs in a variety of subject matter. Clients appreciate his considerable experience in trademark and copyright litigation. Both plaintiffs and defendants have been successfully represented by Mark before the Trademarks Opposition Board, Ontario Superior Court of Justice, Federal Court of Canada and the Federal Court of Appeal. He has also successfully resolved many disputes through mediation and negotiation.
Mark's trademark clients rely on his expertise in clearing, prosecuting, registering and enforcing trademarks. Multi-national companies with portfolios of well-known trademarks often look to Mark for strategic advice and for development, implementation and execution of enforcement strategies. In addition, he has experience in trademark opposition and cancellation proceedings before the Trademarks Office.
Mark has worked with companies of all sizes, including multi-national corporations, universities and governmental agencies. In addition, he frequently works with associate firms abroad to procure and enforce intellectual property rights in Canada.
Mark is listed in Euromoney's Expert Guides: Guide to the World's Leading Trademark Law Practitioners, The Best Lawyers in Canada, and Benchmark Canada as a "Litigation Star". Mark is a fellow of IPIC, a member of the International Trademark Association and a subcommittee chair of the Trademark Enforcement Committee.
Mark graduated from the University of Toronto with a B.A.Sc. in Mechanical Engineering. He attended Osgoode Hall Law School of York University LL.B. (1997) and was called to the Ontario bar in 1999. He is a Registered Trademark Agent (2000) and a Registered Patent Agent (2003).