A Late Afternoons candle burning, styled with limes and rosemary

How to name your candle without getting a lawyer's letter

Valerie Lacroix

We found the name for that candle in a cabin.

A few friends, a long weekend, the kind of weekend where nobody checks the time. It was warm inside, the music was low, and at some point we started coming up with candle names. It went on for hours. We tried ridiculous ones, we laughed, we circled back, we said them out loud just to hear how they sounded.

And then one stuck. A soft word, with a bit of wind in it. Exactly the mood of that weekend.

I kept it. Not just for the weekend, for real. It became the name of my new spring and summer candle, the one I had been working on for months.

Then comes the part nobody ever talks about. I hired designers. We built a label, a box, a whole look for that line. Then I sent it all to print. Labels, boxes, in quantity. That costs real money, and you pay it upfront, long before the first sale.

A few months later, I opened my email one evening and found a sentence that began with "I represent." What followed explained that the name was a registered trademark. For candles. Here and in the United States.

I had no idea. Nobody in that cabin did.

Since that evening, I never settle on a name without checking first. Here are the five things I do. They are free, they take ten minutes, and they would have saved me from printing everything twice.

1. Search the Canadian database

The Canadian Intellectual Property Office keeps a public, free database of every trademark registered in the country. You type your name, you see what comes up.

That is the step I skipped. It takes two minutes.

2. Search the American one too

The USPTO has the same thing, also free. An American trademark does not stop you from selling in Canada, but if you ship to the States, sell on an American platform, or dream of it one day, you want to know now rather than later.

And online marketplaces will pull your pages at a trademark holder's request. Without calling you first.

3. Check the right category

This is the part almost nobody knows, and it is the heart of the trap.

A trademark is never registered "in general." It is registered for a specific category of goods. Candles have their own, class 4, along with wicks for lighting.

Which means the same word can be completely free for soap, clothing or coffee, and completely taken for candles. You can see it everywhere around you and assume it belongs to no one. In your category, it belongs to someone. 

That is exactly what happened to me. My word was an ordinary word. A word from everyday language, not a marketing invention. It never even crossed my mind.

4. Search the variations, not just the exact spelling

A name that is too close counts too. One letter less, an accent added, two words run together: none of that automatically protects you.

The reverse is also true. A genuinely different word can be fine even if it shares syllables. In my case, the shortened name I use today was recognized as distinct enough, and I made sure that was put in writing. If you ever end up negotiating, get written confirmation of the name you intend to keep. That is what protects you afterward.

5. Run a plain Google search

Official databases only show registered trademarks. But someone who has been using a name commercially for years, without ever registering it, can still have rights.

So search your name with the word "candle." Check Instagram. Check whether the domain is taken. It is not legal proof, but if another candle brand is already using that name, you will see it in thirty seconds.

And if it is already too late

It happens. Here is what I learned going through it.

My first instinct was the wrong one. Before the letter even arrived, pages of my shop had been taken down and I did not really understand why. I panicked. And when you panic, you try to make the problem disappear instead of looking at it. I edited my photos so the full name no longer showed, and I kept selling.

In my head, I was fixing it. In reality I was only moving it, because the physical labels still carried the name. That was pointed out to me, politely but clearly.

This is the part I hesitated most to write, and that is exactly why I am writing it. The right instinct is not to retouch your photos. It is to pause the sale until you understand what you are being asked about.

Then answer fast, and honestly. I replied the same evening. No lawyer, no big words. I wrote that I was a small business, that I had not known, that it was an honest oversight, and that I was already having my labels reprinted.

And above all, propose a solution instead of waiting for one to be imposed on you. I still had a little stock already produced. I gave the exact quantities, asked for a short window to sell them through, and listed my own commitments: no new production, no paid advertising, no new photos or packaging, and anything left afterward would be relabelled.

It was accepted that same evening. The exchange ended warmly.

What it actually cost

Everything I described at the beginning, a second time. The same designers, the same labels, the same boxes. I paid twice for one collection.

Add the posts to delete, and a few nights of sleep.

What it saved me: legal proceedings, and a bad relationship with someone who had done nothing wrong.

Run the search before you print. Printing is what costs money. Changing a name never does.

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