Rachel Marcus

Intellectual Property Lawyer

Overview

Rachel comes from a family of entrepreneurs, and she recognizes the value of protecting and commercializing intellectual property and has seen it contribute to the success of businesses at every stage. Rachel practices in all areas of intellectual property law.

Patents

Rachel has experience conducting US and Canadian prior art searches to assist with opinions on patentability. She also has experience in patent litigation, including under the Patented Medicine Notice of Compliance (PM(NOC)) Regulations.

Trademarks

Rachel has experience conducting US and Canadian trademark searches. She has assisted with drafting trademark applications for a wide range of organizations. She also has experience preparing for and assisting at the Trademark Opposition Board, including gathering and presenting evidence to defend trademark registrations, and preparing arguments for expungement proceedings.

Intellectual Property Contracts

Rachel has drafted and reviewed intellectual property and technology contracts to identify key strategic opportunities to advance the interests of her clients. She has also assisted with due diligence in large transactions, such as mergers and acquisitions.

Intellectual Property Litigation

Rachel has been involved in patent and trademark litigation matters. She has drafted cease-and-desist letters to be delivered on behalf of clients whose intellectual property was being infringed. Rachel has also conducted research to inform legal positions in numerous intellectual property disputes. Rachel has experience preparing for and attending complex discoveries and motion hearings, and has assisted in preparing expert reports.

Rachel has assisted in preparing for and attending arbitrations and mediations.

Past Employment

Rachel articled at a national firm in Ottawa, where she focused entirely on intellectual property law. Following articling, Rachel joined Heer Law.

Bar Admission

Rachel was called to the Ontario Bar in 2022.

Legal Education

Rachel graduated from Osgoode Hall Law School. While in law school Rachel was an editor on the Intellectual Property Journal. Rachel also worked at the Innovation Clinic helping entrepreneurs and innovators understand their intellectual property rights and how to protect them, including conducting prior art searches and trademark searches. Additionally, during the height of the COVID-19 pandemic, Rachel worked as a research assistant, specifically researching and writing about intellectual property and privacy law concerns relating to contact tracing apps. In her final year, Rachel completed an in-house internship at Alectra’s Utilities’ Green Energy and Technology Centre, where she focused on the organization’s intellectual property strategy.

Pre-Law Education

Rachel graduated with high distinction from the University of Toronto having obtained an Honours Bachelor of Science in Earth Sciences.