Professionals

Keltie Sim Luft
Partner, Toronto
Barrister and Solicitor,
Patent and Trademark Agent

 

CONTACT
Phone: 416.593.5514
Fax: 416.591.1690
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YEAR OF CALL
Ontario Bar 1984
QUALIFICATIONS
  • Acadia University B.Sc. Hons. (Mycology) 1978
  • University of Western Ontario LL.B. 1982
  • Registered Trademark Agent 1984
  • Registered Patent Agent 1990
  • Registered to practise before the United States Patent and Trademark Office
 

Keltie Sim Luft is Chair of Smart & Biggar/Fetherstonhaugh and her practice has been focussed on the domestic and international clearance, prosecution, portfolio management, acquisition and licensing of trademarks for over 30 years. Her superior range of depth and experience covers all aspects of the trademark procurement process, including: providing availability and infringement opinions; filing and prosecuting applications; handling trademark oppositions, cancellation and enforcement matters; managing portfolios; and drafting and reviewing licensing, co-existence, joint venture and settlement agreements. 

In addition, Keltie’s practice includes issues relating to marketing and advertising, including packaging and labelling regulations and review, print and broadcasting advertising review, contest and point of sale promotions, coupon and premium promotions and trade, competitor and misleading advertising complaints. 

Keltie has acted on behalf of clients based in Canada and internationally operating within a vast array of industries, including pharmaceuticals and nutraceuticals, food manufacturing and distribution, personal care, financial services, clothing, publishing, industrial manufacturing and construction. On top of her unparalleled expertise, Keltie's commitment to frequent communication and responsiveness makes her an invaluable asset to any intellectual property management team.

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


Rankings and Recognition

  • Included in the 11th edition (2017) of The Best Lawyers in Canada, recognized in Intellectual Property Law
  • Selected to appear in 2016 edition of The Canadian Legal LEXPERT® Directory under Intellectual Property
  • Recognized annually since 2014 in Euromoney's Expert Guides: Women in Business law as a top female legal practitioner in the area of trademarks
  • Recognized in Euromoney’s Expert Guides: Guide to the World's Leading Trademark Law Practitioners 2014
  • Recognized annually as an 'IP Star' since the inaugural edition in 2014 of Managing Intellectual Property’s IP Stars Handbook: Trademark & Copyright
  • Recognized annually in The Best Lawyers in Canada under Intellectual Property Law since 2011
  • Recognized annually in Who's Who Legal: Trademarks since 2015
  • Recognized annually since the inaugural edition in 2010 of Who's Who Legal: Canada under Trademarks
  • Received a Licensing Executives Society award for significant contribution to the organization
PRACTICE AREAS
Trademarks
IP Management & Strategic Counselling
Marketing & Advertising
Copyright & Media
Licensing & IP Transactions
Domain Names & Internet Law
 

Procter & Gamble v. Colgate-Palmolive Canada Inc. (2007) — Representing Colgate, successfully resisted opposition to Colgate application to register GREEN/WHITE/BLUE toothpaste design.

Canadian Trademark Registration No. 245,940 ELITE owned by T.S. Simms & Co. Limited maintained by decision of the Registrar dated March 23, 2006.

Abbott Laboratories v. Alcohol Countermeasure Systems Corp. (November 4, 2002) — Representing Alcohol Countermeasure Systems, obtained withdrawal of opposition by Abbott Laboratories to registration of ENSURE.

Societé des Produits Nestlé S.A. v. Wells' Dairy, Inc. (October 5, 2000) — Representing Nestlé, successfully opposed application for registration of POLAR TREATS by Wells’ Dairy.

Novartis Animal Health Canada Inc. v. Merck & Co., Inc. (May 10, 1999) — Representing Novartis Animal Health Canada, successfully opposed an application by Merck & Co. to register the trademark ELIMINEX.

Societé des Produits Nestlé S.A. v. Marek Pacanowski (December 1, 1997) — Representing Nestlé, successfully opposed application for registration of FRAPPE by Marek Pacanowski.

White Consolidated Industries, Inc. v Beam of Canada Inc. (1991), 39 C.P.R. (3d) 94  (Federal Court, Trial Division) — As co-counsel with John Morrissey, representing Beam of Canada, successfully defended a trademark action by White Consolidated.

Gorse et al. v Upwardor Corp. (1989), 25 C.P.R. (3d) 166 (Federal Court, Trial Division) — As co-counsel with John Morrissey, represented Paul Gorse in a patent infringement action.

Memberships

  • Fellow, Intellectual Property Institute of Canada
  • Member, International Trademark Association
  • Member, Association of European Trademark Owners (MARQUES); member of the MARQUES Programming Team
  • Past member and trustee, Licensing Executives Society


Speaking engagements

  • "Internal Affairs — An update on trademark marketing and licensing issues," panel discussion at the MARQUES Annual Conference, Berlin, Germany, September 2010
  • "Brands In and Out of the Box: Who Handles Your Trademark Work?" panel discussion at the MARQUES Annual Conference, Noordwijk, The Netherlands, September 2008
  • "Analyzing, Interpreting and Reporting on Trademark Searches," Thomson CompuMark Trademarks and the Internet Forum, Toronto, November 2007

Publications

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