The Alberta government may face a legal challenge as a New Brunswick company defends its trademark involving a portion of the national anthem, “O Canada.” Recently, Alberta Premier Danielle Smith introduced six potential license plate designs for public voting as the province transitions to a new plate design. Despite the varied options, all designs incorporated the official provincial slogan “Strong and Free.”
However, a local business in New Brunswick, Strong & Free Emblem, Inc., already holds the trademark for “Strong & Free.” Denise Dow, the founder of the business, explained how the phrase resonated with her as a representation of Canadian identity and support for human rights. She operates on a licensing royalty model, allowing Canadian manufacturers to use her emblem on products they produce and sell.
The trademark, approved in 2022, covers over 200 items where Dow’s design can be applied, including clothing, hats, towels, and license plates. The emblem features three red maple leaves over a banner with the slogan “Strong & Free.” Dow noted the common practice of using decorative front license plates in provinces like New Brunswick.
Following Alberta’s plate announcement, Dow received customer inquiries, prompting her to consult her trademark lawyer. She expressed a desire to reach a mutually beneficial agreement with Alberta, allowing the province to use the trademarked phrase for a nominal royalty, part of which she plans to donate to a charity in Alberta.
Although CBC News reached out to Alberta officials for comments, no response was received. In a press conference, Premier Smith highlighted the slogan’s connection to Alberta’s Latin motto and its significance in representing the province’s strength and unity within Canada.
Legal expert Norman Siebrasse emphasized the importance of distinctiveness in trademarks and the potential confusion between the New Brunswick company’s souvenir plates and Alberta’s proposed government-issued plates. He mentioned the likelihood of trademark disputes settling out of court due to high costs but acknowledged the common occurrence of such disputes.
Dow, reflecting on her business journey since 2007, emphasized the importance of defending her trademark despite challenges. She highlighted her commitment to building a lasting financial legacy for her family, given her personal circumstances.
