RCMP binding applies to potential trademark names for a hypothetical Alberta provincial police force

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The union representing RCMP officers is trying to lift a roadblock for the province by seeking trademarks for a hypothetical provincial police force.

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Show records online that the National Police Federation applied to the Canadian Intellectual Property Offices for the trademark “Alberta Police Force”, “Alberta Police Department”, “Alberta Provincial Police”, “Alberta Police Service” and “Service Alberta Provincial Police ”last February. The applications are still under review and no date has been set for a decision.

The Alberta government is still mulling over the idea of ​​creating its own police force and ending its contract with the RCMP, something Prime Minister Jason Kenney has said would allow officers who are more familiar with the community where they work. T the union claims switching to a provincial police force would end up costing more for less service.

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In a written statement, the president of the National Police Service, Brian Sauvé, said that the union’s decision to apply for the trademarks was not made for monetary reasons.

“We don’t think it should be easy for Prime Minister Kenney to go unchallenged down the path of this politically motivated proposal to replace the RCMP with a new provincial police service, which public polls tell us is not what residents want. from Alberta, and continues to lack transparency and accountability, ”he said.

But at least one intellectual property law expert suggests that the apps will pose no challenge to the government. Cameron Hutchison, a University of Alberta professor who teaches intellectual property law, said the union will not be awarded trademarks.

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Words like “police” would be considered descriptors, he said, and in most cases they cannot be registered as trademarks because they would affect competitors.

“Normally, you have competitors and people who want to use the same word for their products. We have Pears soap or Dove soap, right? We don’t want to allow trademarks on (the word) soap because then no one else can use them, ”he said.

He said the names probably won’t be trademarks either because they wrongly suggest that the union is itself a police force.

“So any of those would be an obstacle to getting a trademark, and I don’t see how they overcome that obstacle,” he said.

Even if the trademarks are registered for some reason, Hutchison said it would be easy for the government to go to court and unregister because the union is not using the names and because, as a publicly funded government, Alberta has the special authority. to adopt brands like those names.

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“I mean, they would have to go to federal court to do that, but once they got there it wouldn’t be difficult. It is not a gray legal question or anything like that, it is quite open and closed, “he said.

Hutchison said he doesn’t understand what the union is trying to accomplish and that applying for the trademarks is a waste of money.

“I don’t see what this is accomplishing other than a public relations movement,” he said.

The union’s statement did not say whether they believe they will be awarded the trademarks.

The government has faced criticism over the idea of ​​an Alberta police force. Both municipalities and the union have lobbied for Alberta to provide details on how much the change would cost and to publish an ongoing study on the issue.

In a statement to Postmedia, Justice Minister Kaycee Madu said that no decisions have been made and that the government will carry out greater engagement, including with indigenous communities and municipalities.

“The government will not be deterred by small attempts at obstruction. Ultimately, any decision will be made in the best interest of Albertans, ”he said.

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