The Alberta government is facing a potential legal challenge from a New Brunswick business over the trademark of a portion of the national anthem, “O Canada.” The issue arose when Alberta Premier Danielle Smith introduced six new license plate designs for public voting, all featuring the province’s official slogan, “Strong and Free.”
However, a New Brunswick business, Strong & Free Emblem, Inc., already holds the trademark for the phrase “Strong & Free.” Denise Dow, the founder of the business, expressed the patriotic inspiration behind her trademark and how it signifies Canadian identity and support for human rights.
Dow operates on a licensing royalty model, allowing manufacturers across Canada to use her emblem on various products after obtaining permission. The trademark covers more than 200 items, including clothing, hats, towels, and license plates, featuring a design with three red maple leaves and the words “Strong & Free.”
After the announcement of Alberta’s new plates, Dow received inquiries from customers and consulted her trademark lawyer. She emphasized her desire to support Canadian pride and proposed negotiating an agreement with Alberta to use the trademark for a nominal royalty, part of which she plans to donate to charity in Alberta.
Despite attempts to reach Alberta officials for comment, no response was received. Norman Siebrasse, a patent law expert, highlighted the complexity of the dispute, emphasizing the need for a distinctive trademark that clearly identifies a brand. He mentioned the potential for confusion between the souvenir plates produced by Dow’s company and the government-issued plates proposed by Alberta.
Siebrasse noted that trademark disputes often lead to settlements due to the high costs of litigation. Dow, who has been operating her business since 2007, mentioned the importance of defending her trademark and reaching agreements with potential infringers to protect her brand and legacy for her family.