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 innovation landscape and why educating business owners about the value of IP requires patience, empathy and a personal approach.
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 innovation landscape and why educating business owners about the value of IP requires patience, empathy and a personal approach.
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Lisa Desjardins (Lisa): You're listening to Canadian IP Voices, a podcast where we talk intellectual property with a range of professionals and stakeholders across Canada and abroad. Whether you are an entrepreneur, artist, inventor, or just curious, you will learn about some of the real problems and get real solutions for how trademarks, patents, copyrights, industrial designs and trade secrets work in real life. I'm Lisa Desjardins and I'm your host.
The views and opinions expressed in this podcast are those of the individual podcasters and do not necessarily reflect the official policy or position of the Canadian Intellectual Property Office.
The journey as an entrepreneur can be challenging and isolating. You might sacrifice social time, funds, and a significant portion of your life to keep your idea and enterprise afloat. It's understandable if protecting your intellectual property doesn't get the attention it deserves, especially if you believe that IP protection is something only big law firms handle once your company grows larger.
But enter Ken Poulin. Ken is a Black entrepreneur and solopreneur who is deeply committed to honouring people's identities across all communities. His pathway into becoming a trademark agent is somewhat unconventional, coming through education and customer service rather than law. His passion for teaching, service and respect has earned him the reputation of “The Trademark Guy,” dedicated to helping small business owners protect their valuable trademarks so they can focus on their business. Ken, it's so great to have you on this podcast. Welcome.
Ken Poulin (Ken): Thank you. Thank you for having me. It's my pleasure.
Lisa: So you've had quite a unique journey into the world of intellectual property. You've been transitioning from, I think, a paralegal role and eventually becoming a trademark agent. And I think the journey is kind of what makes us who we are. So can you tell us a little bit about your journey to becoming a trademark agent and solopreneur, and what inspired you to venture into this field independently?
Ken: Yeah, I mean, definitely unconventional is a good word. I would say that especially because I had no legal background before starting on this journey to become a trademark agent with my own practice. Before becoming a trademark agent, I'd worked for a couple of decades in sales environments and educational environments. And honestly, I think even though I was quite successful and thought I was satisfied, I was sort of reaching this burnout point and I needed a new challenge.
So cut to my Vancouver neighbourhood here, Yaletown, and this little Italian coffee shop where everybody sort of hung out and kind of our local gathering spot. One day, somebody joined our little group of chatters and they were a trademark agent. And that was kind of funny to me now because I knew nothing about trademarks or IP, and I was surrounded by valuable brands in my previous career. So sort of over a weekly coffee, you know, I learned that she was a non-lawyer, solopreneur with a really very impressive trademark practice.
And when she talked about her work, I was intrigued. I thought her niche was super interesting and unique. And I can remember that she used to say, you know, essentially, like she'd never seen anybody take so much interest in what she did. Eventually, she kind of mentioned that she was looking to expand her practice and wondered if I'd be interested in joining her as a paralegal and a trainee trademark agent. For whatever reason, I thought, yeah, why not? You know, I kind of took that proverbial leap of faith.
So even without legal experience, I took to IP right away. I kind of realized that my love of language and my natural kind of curiosity and attention to detail were really well suited to being a trademark agent. A few years in, I was laid off, and that was after I'd taken the agent exam, actually. Bad news at the time, but the very same day that I was laid off, I got my exam results, and I knew I had a path forward because I had passed and was ready to become a trademark agent.
So then I was like, well, you know, what do I do now? Do I apply to law firm? Or essentially, what do I do with these new credentials? And I thought, well, I've seen somebody who is a successful sole practitioner. So I thought, well, I'll just go for it on my own. And I basically took the knowledge and experience I had from working in her practice, and 10 years later, I'm thrilled that I'm doing this every day. I mean, if you know your strengths and you stay open, there's lots of different pathways to success. And I got to start my own business and become The Trademark Guy and help other business owners along the way.
Lisa: I love that story. And look at you today. So you've worked with small entrepreneurs. You worked for small entrepreneurs and now you're a solo entrepreneur. Let's talk about the IP landscape, because you've been in it now for a little while, and how you can see how the IP landscape has kind of changed, especially with online businesses and digital platforms, and even how you see how this is important even for small entrepreneurs.
Ken: Yeah, I mean, I think that's a really important question, and it's incredibly relevant to all business owners. I mean, my impression is that IP is kind of having a mainstream moment. I mean, is it possible that IP is cool right now? I mean, are the cool kids at the lunch table the IP people? Who knows, maybe, because you hear so much about it. When I started this 14 years ago, nobody was talking about trademarks and IP in their everyday conversations. And certainly, they weren't writing about it in popular media.
I mean, people are actually talking about patents and copyrights, and you're reading about celebrities whose trademarks are getting rejected, and what songs people can play at political rallies, and how internet personalities are monetizing their catchphrases. I mean, to me, mainstream media exposure is great because it demystifies IP and it personalizes it. And it helps people to understand that it's not just something for big companies to worry about or have access to. I mean, for me, that translates into helping smaller enterprises understand the unique value of IP protection and what it does for their business. And as a trademark agent, I get to personalize the world of IP for each of them. I think that the relationships I create are probably more intermittent and collaborative because of how I run my business.
And in terms of the changes that you mentioned, I mean, two things kind of come to mind. I would say because of the internet, entrepreneurs, they have to be of the mindset that their brand is not local, it's global and online. Their business is thrust into a competitive, crowded environment where they're, you know, in a virtual competition with many similar businesses right from the start. I mean, they might have considered themselves like a little fish in a small pond before, but now they're out there in the open ocean. And the great upside of that is that it certainly democratizes business opportunity. But there are sharks out there, and IP protection is what kind of puts the guardrails in place to protect your interests. I mean, to stand out in a crowded internet world, you have to identify and protect what makes your business unique. And that's what IP protection is all about and, you know, why you need to have a strategy for your business.
The second change is that many third-party selling platforms and social media platforms where you sell and market your products and services, they either require you or they strongly encourage you to officially secure your IP rights. This has become one of the most common ways that people actually come to me. And those companies, I mean, they have a sincere interest in protecting their selling partners from trademark infringement and brand confusion. And they understand that the best way to authenticate rights is based on IP protection. I mean, for small enterprises that have to access these kinds of selling and marketing venues, I educate them on how IP protection not only assists them, but it secures their brand value in the greater business world now and for the future.
Lisa: You mentioned this thing about feeling like a fish in a pond, but now the world is kind of at your feet the moment you are open for business. So this brings me to the next question about the element of timing and how actually small companies need to think about the timing of IP. Why do you believe it's crucial for small entrepreneurs to address IP issues sooner rather than later?
Ken: I mean, I think it's incredibly important. And I sort of look at it again as I try to think of it as small business owner to small business owner because I am a small business owner as an independent trademark agent. And, you know, I had a start date and I was operating on a similar scale to them, at least when I started. And I'm as aware as anyone is of sort of the financial and logistical challenges of starting a new business. I think that's kind of reassuring to them because it puts me on an even playing field and it ties them directly into my approach of education on IP as a key element of their business.
I think personal, when I talk about personal, it also means I take into account diversity of culture, values, and perspectives, and how that would inform their business identity. And in case it's not obvious, I'm super passionate about the value of IP. So to me, I would call it the top asset for a small business that hopes to grow into a bigger one. I want business owners to understand that it gives them singularity in a crowded market, and brand security, and quantifiable value, and a building block for future growth.
You know, even though, of course, I focus on trademarks, I love being able to advise them how to avoid future brand pitfalls to start their journey as securely as possible. And in particular, that means nailing an IP strategy that creates space for innovation, monetization. And with the IP protection, they can create some certainty for their business, especially when there are so many other areas in a business that fluctuate constantly and require creative solutions.
I mean, it's a given that you're going to work hard. So, you know, make sure you're protecting what you can along the way. I guess the overriding message is to create something unique, protect it with an IP strategy, and identify your unique offerings early and continuously in your business cycle. I mean, IP protection is not something for them to consider after they've already established market value. That might be too late. They have to start while they're still in the process of building a unique and valuable business endeavour.
Lisa: You can't see it, but I'm nodding as you speak.
Ken: Oh, I love it.
Lisa: Yeah, absolutely agree with you. You're making so many good points. I was going to shift over to somewhat of a different aspect that we don't talk about a lot in this podcast, but government departments like ours, like CIPO, are also working hard to support underrepresented groups in our society. And I know that you have been part of and are supporting many of these groups. And so I was wondering if you could talk a little bit about the importance of supporting communities to these underrepresented groups and what kind of energy that they bring to solopreneurs.
Ken: Well, what I'll say is pretty much the best part of my day is kind of meeting and talking to underrepresented groups who they get to share their perspectives and insights, and then I get to apply my IP knowledge to each of their unique situations. I mean, when it comes to CIPO, and I have to say, in recent years, I've noticed like significant outreach by CIPO and other agencies towards these groups. And to me, that's really encouraging to see this kind of embrace of all groups in this country.
From my own perspective, as you know, I'm a visible minority and I'm really appreciative of the space that's being given to diverse cultures and underrepresented groups. I have to say that when I'm meeting entrepreneurs, they're really thrilled with the new opportunities for support and education and funding that they can access. IP is daunting, I mean, for anyone and for those that have no exposure to it, especially. I mean, but the thing is, once they sort of understand the value, they are excited to access it.
And smart, passionate people start businesses. Every one of them has a unique, valuable story, and they bring that into their businesses. I mean, when you embrace kind of a diversity of culture and viewpoint, it only strengthens innovation in Canada and in Canada's IP landscape.
So from a more personal perspective, I think that people who come from challenging situations or underrepresented communities, they have a desire to support others who are from the same types of environments. I can think of a lot of examples, even in my own practice, of solopreneurs that seek me out because they want to support somebody that they see as having a unique experience similar to theirs. And I gain incredible insight and fresh ideas and new energy from working with them.
Lisa: Wonderful. And I think this is so important because we were talking about entrepreneurs that may feel that, oh, I have to seek up this big law firm where, you know, I'm so small. So taking it down to the community level and seeing that there are people like you out there who are solopreneurs and still work with IP, I think that's absolutely wonderful.
What advice would you give to people who are supporting new entrepreneurs and small business owners who feel overwhelmed by the complexities of IP protection?
Ken: Starting a new business is stressful and it's overwhelming and full stop, I mean, I don't think anybody would argue with that. But I think that when they sort of know that I can relate to them as a small business owner, I didn't require IP advice, but I certainly had to learn about every other facet of running a business. And as you touched on, the difference between IP and sort of more conventional aspects of a business is, you know, it's rarely the first thing an owner thinks about or allocates funding for.
Starting a business always costs more money than you think. And of course, every new business owner is extremely cost-sensitive. For a lot of them, it feels more concrete to pay for software, or a warehouse, or equipment for their business than for IP protection. So for those in a position to support new entrepreneurs, I would say two keywords are patience and empathy.
It's not just that you educate, it's how you educate. I mean, for me, we have to remember that IP is a new frontier for many of them. And it's one that still has very little public awareness as a key business element. I mean, it's not entirely organic in their business process.
So they've often come to know about IP based on or the need for protection from some external source like a government website, or a business seminar, or maybe another entrepreneur, or a third-party selling platform. So if you're in a position of support, remember that each business owner brings a wealth of personal experience to their journey. And along with their IP needs, their approach to learning is also unique and singular. I mean, I can't say it enough. IP is personal and that perspective informs my approach every day.
Lisa: Thank you so much. It's been so great to have this conversation with you today, Ken. Thank you so much for your time and interest in participating in our podcast.
Ken: Well, it's been my absolute pleasure. And, you know, I think that it's exciting to be able to talk about IP and educate people about it. And thanks for having me on the podcast.
Lisa: You've listened to Canadian IP Voices, where we talk intellectual property. In this episode, we met with Ken Poulin, who is also known as “The Trademark Guy,” a solopreneur and trademark agent who loves helping businesses with their trademark protection.
Ken talked about the importance of IP protection and how organizations and individuals who are helping entrepreneurs play an important role in making sure that IP is considered early in the process, but that they also need to be patient and emphatic, as learning about IP is often a completely new field for many company founders.
CIPO and people like Ken are here to help you with your IP questions. Open the description to this episode to learn about IP resources and funding for entrepreneurs and our 10 tips to entrepreneurs on how to manage your IP.