LAWYER, TRADEMARK AGENT, PATENT AGENT

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Ashley Burk is the founder of Burk Law, an Ottawa intellectual property firm focused on Canadian trademark matters. She has practised exclusively in intellectual property since 2011 and acts for IP firms around the world, in-house legal teams, and Canadian businesses.

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Her practice covers trademark clearance, prosecution and enforcement. This includes Madrid designations, office action responses, oppositions and section 45 cancellation proceedings before the Trademarks Opposition Board, IP licensing, and trademark litigation before the Federal Court.

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Ashley has advised clients across a wide range of industries, including consumer electronics, e-commerce, fashion and cosmetics, electric vehicles and renewable energy, life sciences and medical devices, and food and beverage. This breadth of experience allows her to assess legal options in light of their commercial implications, for emerging businesses and established rights holders alike. She seeks to resolve matters efficiently and without unnecessary proceedings, and represents clients in contentious matters where they arise.

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Ashley has appeared in trademark and copyright matters before the Federal Court, the Ontario Superior Court of Justice and the Trademarks Opposition Board.

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Before law school, she earned a Bachelor of Engineering in Engineering Physics from Carleton University, a technical background she now brings to patent matters as a registered patent agent.

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Credentials
Lawyer, Law Society of Ontario (2011)
Registered Canadian Trademark Agent (2013)
Registered Canadian Patent Agent (2024)
Bachelor of Laws, LL.B., University of Ottawa (2010)
B.Eng., Engineering Physics, Carleton University (2007)

 

Memberships
Member, Intellectual Property Institute of Canada (IPIC)
Member, International Trademark Association (INTA)

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Selected Decisions

Positec Group Limited v Kadena Industries Limited, 2026 TMOB 1
Trademarks Opposition Board · Acted for the applicant in an opposition by the owner of the POWERSHARE marks; opposition rejected on all grounds, with the Board finding no confusion between POWERSHEER and POWERSHARE, supported by state of the register evidence.

​CanLII Connects Commentary on this decision

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Telugu Association of North America v Telugu Association of North America,

2024 FC 631
Federal Court · Acted for the owner of the TANA trademarks against a Canadian corporation formed by its former Canadian representatives; infringement, passing off, and depreciation of goodwill found, with a permanent injunction, transfer of the infringing domain name, damages, and costs.

​CanLII Connects Commentary on this decision

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Bremont Homes Corporation v Bremont Watch Company Limited, 2021 TMOB 55
Trademarks Opposition Board · Acted for the applicant, a UK luxury watchmaker, in an opposition by a home builder with identical BREMONT marks; opposition rejected on all grounds, including a finding of no confusion because of the differences in the parties' goods, services and trades.

​CanLII Connects Commentary on this decision

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Corocord Raumnetz GmbH v Dynamo Industries Inc, 2016 FC 1369
Federal Court · Co-counsel for a Canadian playground equipment manufacturer defending trademark and copyright claims; action dismissed, with the Court holding that the copyright was unenforceable because the designs had been applied to more than fifty useful articles, counting reproductions worldwide. (As Ashley Dumouchel.)

​CanLII Connects Commentary on this decision

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Oakcraft Homes Inc v Ecklund, 2013 CanLII 41981 (ON SCSM)
Ontario Small Claims Court · Acted for a custom home builder whose house plans were copied by a competing builder; plans held to be original works protected by copyright, with infringement found against both the competing builder and the homeowners who provided it with the infringing plans. (As Ashley Dumouchel.)​