Mark Evans - Smart & Biggar/Fetherstonhaugh

Mark Evans

Listed in Best Lawyers since 2008
Phone: 416-593-5514

Mark Evans is a partner in Smart & Biggar/Fetherstonhaugh's Toronto office where his practice focusses on providing sophisticated trademark protection, management and counselling services. He represents many of the world's most famous brand owners and personalities, and is recognized as one of Canada's leading trademark lawyers.

Mark works with clients in strategically building the value of brands, and has been successful in numerous high-profile, precedent setting cases in Canada. Mark’s practice spans the entire branding lifecycle, and has highly significant experience and expertise in all aspects of trademark law and practice including trademark and trade-dress litigation, brand selection and clearance, trademark oppositions and cancellations, and licensing and merchandising. Mark also has considerable experience in domain name and internet-related matters, as well as false advertising issues. The World Trade Mark Review 1000 has selected Mark as the only Canadian for their gold or silver bands of all three areas of trademark law and practice: prosecution and strategy; enforcement and litigation; and anti-counterfeiting. Mark’s practice spans a wide variety of industries, with a special focus in the consumer goods, software, entertainment, retailing and apparel fields. He is also a member of the firm's Executive Committee and is the Co-Managing Partner of Smart & Biggar's Toronto office.

Mark has been honoured as Canada's "Trademark Litigator of the Year," both singularly in 2015 and jointly in 2014 (with Francois Guay of our Montreal office) by Benchmark Canada. He has also been identified repeatedly in Euromoney's Expert Guides: Guide to the World's Leading Trademark Law Practitioners and is one of Managing Intellectual Property’s six nominees as Canada’s “Outstanding IP Practitioner” for 2015. He has also been consistently honoured by a wide range of leading Canadian and international publications, including the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in CanadaChambers Global, and Best Lawyers.

In various independent surveys and publications, clients and colleagues have said:

If I were to think of a pure IP litigator, I would think of him. He is fantastic – really on top of his game"

Intelligent and business-minded

Terrific litigator; he has an impeccable knowledge of the law

Highly esteemed for his track record in trade mark litigation and prosecution

Knowledgeable and responsive

Incredibly bright

Well prepared and has an imaginative presentation style with which to win the confidence of the court

He is a formidable opponent with some great high-profile wins under his belt

He is a judicious litigator and a big-picture thinker

Mark has written extensively within the field of intellectual property law, including within international publications such as Trademark World, Managing Intellectual Property, National Law Journal and the World Trademark Law Report. He has also co-authored the Trademark Litigation: Remedies and Procedures chapter of the IP Benchbook, which is an electronic textbook for the Canadian judiciary, published jointly by the National Judicial Institute and the Law Society of Upper Canada. Mark is a frequent panellist on intellectual property subjects and has spoken to various organizations, including the International Trademark Association, the Intellectual Property Institute of Canada, the Canadian Corporate Counsel Association, the Law Society of Upper Canada, the New York State Bar Association, the Michigan State Bar Association, the Chicago Bar Association, the Intellectual Property Law Association of Chicago and the Oklahoma State Bar Association. Mark also taught trademark law at Osgoode Hall Law School for several years, has lectured at the Oxford Intellectual Property Research Centre and has spoken frequently at the McGill/IPIC Intensive Copyright course. During his academic career, Mark was awarded the prize for the highest grade in Intellectual Property Law in the Bar Admission course for Ontario.

Mark is an editor of IP Update — Canada, the firm's intellectual property law bulletin.

Additional Information

  • Registered Trademark Agent 1986
  • Registered Patent Agent 1991
University of TorontoQueen's UniversityLL.B 1983
Intellectual Property Institute of CanadaInternational Trademark Association

Office Location

1100-150 York Street
Toronto, ON M5H 3S5

Practice Areas

Intellectual Property Law