Edmonton / Saint John:
A New Brunswick business owner is preparing for a potential legal battle with the Alberta government after claiming the province’s new licence plates infringe on her registered trademark “Strong & Free.”
Earlier this month, Alberta Premier Danielle Smith unveiled six new licence plate designs for public voting — all featuring the province’s slogan “Strong and Free.” But that motto, which also appears in O Canada and Alberta’s Latin motto Fortis et Liber, is already trademarked by Saint John entrepreneur Denise Dow, founder of Strong & Free Emblem Inc.
Dow says she trademarked the phrase in 2022 for more than 200 product types, including metal licence plates, clothing, and accessories. Her company operates on a licensing royalty model, allowing manufacturers to purchase rights to use her “Strong & Free” emblem — three red maple leaves over a banner — for resale.
After Alberta’s announcement, Dow said she received messages from customers alerting her to the slogan’s appearance on the proposed plates. Concerned about potential infringement, she consulted her trademark lawyer.
“We obviously don’t want to stop anyone from celebrating Canadian pride,” said Dow. “But if Alberta wants to use it, the ideal scenario would be to negotiate a small royalty — something I’d even donate partly to a local Alberta charity.”
Neither Premier Smith’s office nor Service Alberta responded to media requests for comment.
Trademark experts say the case could hinge on whether there’s confusion between Dow’s souvenir licence plates and Alberta’s government-issued ones.
“It depends on distinctiveness,” explained Norman Siebrasse, a University of New Brunswick patent law professor. “Because it’s a common slogan tied to the anthem and Alberta’s motto, the government could argue it’s not distinctive enough for exclusive rights.”
Siebrasse added that such disputes often end in settlement, as litigation costs can be high.
Dow, whose business has operated since 2007, said defending her intellectual property is a personal mission.
“I’ve invested my life savings in building this brand,” she said. “This isn’t just a business — it’s a legacy for my family.”
The Alberta government has yet to indicate whether it plans to modify its new plate designs or contest Dow’s trademark in court. For now, the province’s patriotic slogan could become a costly legal test of national pride.
