Marc J. Belliveau

902-407-6480(902) 469-9500mbelliveau@boyneclarke.ca
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"I enjoy finding pragmatic and creative solutions to client needs, particularly in respect of trademarks and copyright issues. Working diligently to achieve the best possible outcomes for clients has been the guiding principle of my professional life."

About Marc

Marc retired from the practice of law in 2014. He is a Registered Trademark Agent (Canada) and a key member of our Business Law team. During his career as a lawyer, Marc practiced in Intellectual Property, Computer and Technology Transactions, Corporate and Commercial Transactions and Securities Law and is fluently bilingual in English and French.

Born in Montréal, he first came to Dal in 1977 for his undergraduate studies. Later in life, Marc returned to Halifax and began practicing law in 1991. In 1997, he became a Trademark Agent. He appeared before all levels of courts, worked on the historic privatization of Nova Scotia's electric utility, assisted in numerous securities offerings and represented large corporations in servicing their IP and IT legal requirements during the early days of the internet’s development when little legislation or jurisprudence was available.

Marc is also an experienced musician, has published original songs and performs regularly in Halifax. He is happily married with four children.

Areas of Practice

Marc's Background

Education
  • 1987 – 1990: LL.B., Dalhousie University, Business Law, Halifax, Nova Scotia
  • 1980 – 1982: M.B.A., McGill University, Finance & International Business, Montréal, Québec
  • 1977 – 1980: B.Sc., Dalhousie University, Mathematics, Halifax, Nova Scotia
Employment
  • 2017 - Present: Registered Trademark Agent, BOYNECLARKE LLP, Dartmouth, Nova Scotia
  • 2000 - 2014: Stewart McKelvey, Partner, Halifax, Nova Scotia
  • 1989 - 2000: Cox Hanson O’Reilly Matheson, Associate & Partner, Halifax, Nova Scotia
Professional Memberships
  • Registered Trademark Agent of the Canadian Intellectual Property Office (CIPO)
  • Fellow of the Intellectual Property Institute of Canada (IPIC)
  • Former Member of the Nova Scotia Bar Association, the Law Society of New Brunswick and the Canadian Bar Association
  • Former President of the Canadian Bar Association’s National Conference of French-Speaking Lawyers
  • Former President of the Association des juristes d'expression française de la N.-É.
  • Published numerous articles for legal journals and newsletters
  • Guest Lecturer at many Provincial and National bar-sponsored Continuing Legal Education events
Community Activities
  • Former President of the Conseil Communautaire du Carrefour du Grand Havre
  • Former Executive Musical Director of the annual March of Dimes Canada, Rock for Kids Halifax
  • Preserved and advanced the minority language rights of Acadians through lobbying efforts before the Courts and Provincial Legislature
Awards
  • 2011: Reverend Roy Essex Award by March of Dimes Canada

Recent Blog Posts by Marc

Blog Post | Thursday June 13, 2019

Canadian Official Marks: Qu’est-ce que c’est?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

The Trademarks Act (the “Act”) contains a unique provision that allows “public authorities” to by-pass the normal trademark registration application process and to protect their “official marks” indefinitely. There is no similar provision in any other country’s trademark protection regime.

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Blog Post | Tuesday May 21, 2019

Can Copyright Law Apply to Public Documents?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

Two recent and interesting Canadian copyright infringement cases have bubbled up to the highest courts in the land and threaten to carve a new exception in the intellectual property behemoth that has become copyright law. The issue is whether certain works should not be copyrightable.

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Blog Post | Tuesday April 30, 2019

Canadian Trade-mark Law is Losing the Hyphen!

Authored by: Marc J. Belliveau Posted in: Intellectual Property

On June 17, 2019, five years after the Harper government made countless amendments to the Trade-marks Act (the “Act”) in omnibus budget legislation (Bill C-31 of 2014), the famous Canadian hyphen (inside the word “Trade-marks” of the Act’s title) will become a thing of the past.

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Blog Post | Tuesday April 9, 2019

Must Trade-mark “Use” Always be at a Profit?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

There is an old maxim about brands and trade-marks: “Use it or Lose it”.

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Blog Post | Friday June 1, 2018

NDAs: Are They Worth The Paper They’re Written On?

Authored by: Marc J. Belliveau Posted in: Business Law Employment Law Intellectual Property

Non-Disclosure Agreements (NDAs), sometimes called Confidentiality Agreements, are a type of contract which compels its parties to come under the proverbial “cone of silence.”

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Blog Post | Tuesday March 6, 2018

Are Cover Bands Copyright Pirates?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

When your favourite local cover band performs an exact rendition of Brown-Eyed Girl, Sweet Home Alabama or Wagon Wheel, are they infringing the copyright of the song’s owner?

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Blog Post | Thursday February 8, 2018

Why Should I Register My Trade-mark?

Authored by: Marc J. Belliveau Posted in: Intellectual Property

While a trade-mark does not have to be registered, the legal advantages and significant benefits of registration are undeniable.

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Blog Post | Friday July 21, 2017

The York University Case: Crisis in Copyright Law

Authored by: Marc J. Belliveau Posted in: Intellectual Property

You’ve often heard the old legal saying “hard cases make bad law.”  Well, it still happens.

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Blog Post | Thursday July 6, 2017

Trade-marks: Bring out your Worst Words

Authored by: Marc J. Belliveau Posted in: Intellectual Property

On June 19, 2017, the U.S. Supreme Court (USSC) delivered a unanimous decision that the 1946 trade-mark law (Lanham Act) prohibiting the registration of “disparaging” words and phrases, violated the country’s constitution as an unacceptable restriction on free speech.

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Blog Post | Wednesday March 29, 2017

When A Cease & Desist Letter Backfires

Authored by: Marc J. Belliveau Posted in: Intellectual Property

During the most popular week for burgers in Halifax, it was reported that lawyers for McDonald’s Corporation sent a cease and desist letter to a Halifax restaurant. A cease and desist letters can have a strong deterrent effect, if it's without solid legal foundation, the sender loses credibility.

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