Evermark Trademarks

03/08/2026

I recently guested on the Canadian IP Voices podcast and had a great time talking about trademarks and small business. Take a listen!

Ken Poulin is an independent trademark agent based in Vancouver. He explains why IP protection should start before and not after market success. As a Black entrepreneur himself, he shares his insights on what it looks like to support underrepresented communities, the role of diversity in Canada's in...

07/10/2025

Tips on Avoiding Trademark Scams.

Is trademarking a business name, product name, logo or brand identity on your radar? Whether you are doing research or ready to get registered, there are lots of trademark scammers out there waiting for you. Here are some tips from a trademark pro to help you avoid some common scams:

1. Business Name Registration Scam

Scammers always look for new targets and with increased trademark awareness and registration requirements, they are targeting business owners before they even file a trademark. You may receive an email alerting you that someone is attempting to register your business name as a trademark and you must act now to protect your rights. This email impersonates a Trademark Agent or the 'legal department' of the Trademarks Office to warn you about losing access to your name. First, a reputable Trademark Agent will not solicit new clients in this manner, and a sense of urgency or need for immediate action should raise red flags. First step, verify if the Trademark Agent is legitimate. Do not call the phone number in the email! Check the list of recognized Trademark Agents here:

https://cpata-cabamc.ca/en/public-resources/find-an-agent/

Even if their name is listed, look for a related website or do an Internet search because these scammers are pulling names from this list to impersonate real Trademark Agents. Also, the Trademarks Office does not email business owners to warn them about similar trademarks and does not have a legal department for such matters.

2. Trademark Application/Registration Scam

If you have a trademark application in progress or a registered trademark, the details are public, including contact information. Scammers use this information to solicit owners directly. Sometimes they request fees to resolve an application issue or they impersonate the Trademarks Office and send you false invoices. If you have a registered trademark, they send renewal notices with fake invoices attached for their services. How do you protect yourself? Copies of official correspondence sent to owners of pending and registered trademarks can be found on the public Trademarks Office database - if you are in doubt, go there and check. Also listed on the Register page: all related deadline dates.

3. Foreign Trademark Scam

This involves emails or letters from foreign parties advising you that your name/brand is being registered as a trademark in their country so if you want to preserve your rights you must file an application right away. These solicitations do not come from reputable practitioners, but from speculators trying to scare you into filing. Some may actually file an application, but without the guidance of a Canadian Agent, they may charge unnecessary fees or file a trademark that is unnecessary or unregistrable. Bad faith filings do happen in certain countries, however, such rights are jurisdictional, so if you have no plans to operate there, you have no reason to register your name as a trademark. Of course, depending on the nature of your business, you may need to register your brand in other countries based on a well-planned foreign trademark strategy - and it is likely you will need a Canadian Trademark Agent to assist you.

4. Online Filing Scams

Recently, elusive and temporary trademark filing websites have popped up in the search results. Usually, they have a one-page website with generic details and stock images and they offer eye watering rates of $49 or $99 to file or register a trademark. The old saying definitely applies here: if something seems too good to be true, it probably is. Generally, it costs 4 figures to register a trademark, not 2. These scammers quote crazy rates to get you on the hook and string you along until you realize your mistake, or they happily relieve you of small amounts of money. These guys are not based in Canada so they take your money and disappear, or they continually request more money to keep your trademark alive - threatening to abandon the process if you do not keep paying. In reality, these scammers are not even Trademark Agents and never filed your application in the first place.

Final thoughts: The need for trademark registration has become more common, especially for online sellers, and with that, there has been a significant increase in trademark scams. Trademarks are relevant to every business, but not every business requires a registered trademark. If you get an unsolicited trademark email, be wary, check the source and DO NOT ENGAGE with them. The Canadian Trademarks Office website has great information on trademarking, or you can reach out to a Trademark Agent like myself to answer questions or take care of the process for you. Stay smart out there!

01/29/2025

Trademarks 101

You make endless decisions in a new business and trademark protection may seem like a low priority when you’re dealing with location, marketing and financial survival. But, now more than ever, you must understand the role trademarks play in your business. Here are five trademark facts for every owner.

1. What is A Trademark?

The most common trademarks are the unique words, taglines, slogan and logos that identify your business to its customer. Although a business name sometimes operates in the background, your trademarks are the public face of your products and services. Even though every business has trademarks, yours may not match the business name, and your business name may not even be trademark-able.

2. Trademarks Express Your Business Brand.

Every business owner may not understand trademarks, but they can always describe their brand. In simple terms, a brand is the market perception you create for a business, everything from its colour palate to unique story, and even the ways you choose to deliver your messaging. Essentially, your trademarks act as a shortcut for brand expression; and the good ones help to convey your company values and they communicate its distinctive personality to your target customer.

3. Trademarks are Advertising.

As the marketplace starts to associate your trademarks with your business, their brand value increases. Public recognition becomes a tangible financial asset with monetary value, especially if you sell or franchise the business. In fact, since trademarks provide an infinite amount of brand impressions to your customer, they can become the most cost-effective form of advertising for your business.

4. Trademarks Communicate Your Values.

Unlike a brand, a good trademark does not have multiple moving parts – its job is to communicate quickly and memorably. This goal of simplicity compels the business owner to fully consider its brand messaging. What consumer are you targeting? What feelings are you trying to evoke? What are the values of your business – is it traditional, edgy, down to earth, friendly, confidential? Creating a strong trademark means having a deep understanding of your brand.

5. Trademarks Legally Protect You.

Your brand story cannot be legally protected but the trademarks that represent its identity can. Trademark registration provides 10 years of exclusive usage rights across Canada; and immediate, compelling evidence of those rights to third parties. It also deters others from infringing on or stealing the brand equity you are working so hard to build. Overall, the protection of trademark registration is cost-effective, attainable and can last forever. There is no better way for small businesses to protect their brand identity and registration is a small price to pay to provide peace of mind as you grow your business.

01/24/2025

5 Free Trademark Hacks for 2025

A New Year always promises a fresh start, both personally and professionally. But January is almost done - are you still procrastinating about registering your trademarks? Just kidding - I know the answer, but even if you are still putting off filing a trademark application, here are 5 ways to reinforce your trademark rights in the meantime (for free).

1. Mark your trademarks appropriately.

As you use your trademark (brand) commercially, you accrue increased brand value and valuable protections; however, you must give public notice of your rights to access them. This means using the ™ signifier as a claim of trademark rights to third parties. The ™ asserts unregistered (or registered) rights and can be displayed with or without a formal application at the Trademarks Office. It shows you are asserting rights to commercial use of the mark - and it can be a valuable tool against infringement. It should be noted the ® indicator can only be used for marks that are formally registered at the relevant Trademarks Office.
2. Highlight your trademark visually.

A logo trademark or one that includes a unique design feature may stand out naturally, but a text-based mark must be highlighted and set apart from the surrounding text. This can be done in a number of ways: by featuring the mark in bold letters or in a larger font, by representing the mark in a different color or a different font. Combining these measures with the proper ™ marking will spotlight your trademark and strengthen an eventual claim to its rights.

3. Conduct a trademark search.

Now that you are marking them appropriately, your trademarks are hopefully becoming more valuable. Unfortunately, if you have no actual right to their use, they have no value (to you). Let’s say another company is already using your trademark (or a confusingly similar one) in a related trade, and they become aware of you because your business is getting more attention. What if at that point, they involve you in costly litigation or even force you to re-brand entirely as you are gaining traction? The fact is, if they have a registered trademark, they have a legal obligation to protect their trademark against you. Search engines are not enough to clear a mark – search for the availability of your trademark on a (free) public trademark database. Canada is here, the U.S. here, and a listing of international databases is here.

4. Research corresponding domain names, usernames.

It is always important to consider ownership of similar or identical domain names and usernames when choosing a trademark. By reviewing domain names, you may be alerted to potential issues of confusion or infringement on your part. A Who Is search will give you necessary information on conflicting domains and sometimes, details of their ownership. You can input “who is” or “who is search” into Google to access providers, I like this one. Due to the explosion of social media usernames, there can be considerable overlap or confusion with multiple sources, but a search can still be instructive in determining if one entity is using a certain term on multiple platforms: which can reveal their level of commitment to the term as a brand (trademark).

5. Buy the corresponding domain names.

O.K. so this one is not actually free! But considering its value for your branding and for supporting your trademark rights, the small cost of acquiring a domain name is worth it. Focus on the widely used domain name extensions (.ca is high value in the Canadian market) and also consider obvious misspellings for purchase. It is true people are now less likely to input domain names when searching a business, however, you want to secure your own to prevent infringement or an attempt to steal your goodwill in the market as your business grows. This does not prevent registration of a domain that is highly similar to yours, but it does prevent them from registering it as a trademark once you seek registration of your own.

Want to learn more about trademark protection in Canada or worldwide? Contact me at evermark.ca for a friendly consultation.

01/24/2025

So sad about the demise of Small Business B.C. At every stage of my business journey they were an amazing resource providing tremendous information and peer support. Since they are gone, I want to share a couple of my articles that appeared on their website. I hope the information is useful to other passionate business owners out there!

HOW TO CREATE A GREAT PRODUCT NAME

In a crowded name scape, it can be hard to decide on a product name. It may seem logical to include the type of product in the name, but this approach can lessen its commercial appeal. The goal should be to adopt a name that can be a brand because brands have broad appeal, and names are narrow and limited. In a virtual and online world, your product name is not local, it must compete with other names in a crowded Internet environment. For that reason, you need an exceptional name that points customers to your product. Here are five tips to create a product name that highlights your unique brand.

1. INCLUDE A UNIQUE TERM IN THE NAME

Many names consist of a consumer product and a modifier, examples: Joy’s Candles, West Side Sub Shop, Fashion Girl Clothing. Attaching a modifier (Fashion Girl) to a descriptive word (Clothing) does create a product name, however that name is not original enough to be a memorable brand that carves out a unique space for your product. Any product name should include a unique term that enhances its overall brand appeal. Better brand versions of the above names would be: Fireside Candles, Meathead Sub Shops and Lookfly Clothing.

2. AVOID GEOGRAPHIC NAMES AND LOCATIONS

It can be tempting to create a geographic product name like: Kelowna Wine Tours, Canadian Salmon Treats, Kitsilano Boat Rentals or Stanley Park Shoe Company. Using place names quickly identifies the target market, but also immediately narrows a name’s brand appeal. It is worth noting brand names increase in value along with your business; and you cannot acquire exclusive commercial rights to geographic names which impacts the ability to protect your product name or register it as a trademark. Unless your business operates in a hyperlocal way, it needs a name that does not impose brand limitations before you even begin.

3. DO NOT USE GENERIC OR DESCRIPTIVE TERMS

Generic and descriptive terms are not effective in setting one product apart from another because they are unoriginal: so, they diminish the brand potential of names that include them. There are many types of generic and descriptive terms, including descriptors (beautiful, chilly) laudatory terms (expert, first class), localities (downtown, main street), surnames (Jones, Wong), numbers and single letters. Absent an additional unique element, generic and descriptive terms should be avoided when the goal is to create a product name with broad commercial appeal.

4. RESEARCH THE NAME

It is easier than ever to know if a proposed name is already in use. First, research identical matches with an online search engine. If there are no exact matches, search the unique part of the name in related areas. Let’s say your name is Sweet Tots Clothing: search ‘Sweet’ and ‘Tots’ for terms like shirts, accessories, bags and shoes. Also, access the free search at the Trademarks Office for identical and similar trademarks, or order a NUANS report (Newly Updated Automated Name Search) that combines useful information on trademarks and business names. Of course, if you find identical or highly similar results, you may need to go in a different direction.

5. BE CREATIVE - INVENT A NAME

Names that are invented, or ‘made up’ create great brands because they do not exist for another product – making them unique at inception. You can invent a name entirely, like ‘Lululemon’, combine two words in a unique manner, like ‘Microsoft’ (micro computer and software) or spell a word in a new way, like ‘Segway’ (segue). A unique name could also be composed of a word or words in another language (but not the word for your product in that language). Since invented names are immediately distinctive, they are also better suited for registration as business names and trademarks, and more enforceable.

It may seem like every name is already taken out there. However, if you incorporate the above tips, you will be well on your way to creating a name that can live in the consumer market as your own, unique brand.

03/28/2024

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02/05/2024

As a member of the Intellectual Property Institute of Canada, I had the great pleasure of sharing my thoughts on Intellectual Property and the black community for Black History Month.

For Black History Month, I am reflecting on the intersections of intellectual property, business and the black experience in Canada. In the past several years, the spotlight has increased on people with black heritage and our contribution to Canada’s national identity. On the plus side, this has ...

06/19/2023

We've updated our website. Come check it out!

http://evermark.ca

06/16/2023

Ready to launch your product in retail and take your business to the next phase? Ken Poulin of Evermark Trademarks shares his expertise through Small Business BC on five ways to create a great product name. Great ideas here for anyone launching or reinventing a product, brand or business! Photo: Diana Cline, Diana's Cucina & Lounge https://www.canadianpizzamag.com/five-ways-to-create-a-great-product-name/

06/16/2023

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