A popular Canadian expression, “Elbows Up,” originating from both hockey culture and political contexts, has sparked a surge of trademark applications across various industries. Approximately a dozen entities are vying for exclusive rights to use “Elbows Up” on merchandise like apparel, beer cans, stickers, and supplements, as evident from the Canadian Intellectual Property Office’s records.
However, most of these applications, some dating back over a year, have faced objections due to the phrase being deemed “nondistinctive” by the office. Notably, trademark and copyright lawyer Reagan Seidler highlighted the office’s stance that “Elbows Up” has transcended mere branding to become a patriotic symbol, thus unsuitable for individual ownership.
The phrase’s evolution from a description of NHL legend Gordie Howe’s playing style to a national rallying cry amidst U.S.-Canada trade tensions was further illustrated by actor Mike Myers and Prime Minister Mark Carney’s public endorsements. Seidler emphasized the rare phenomenon of businesses attempting to trademark a politically charged expression, noting the office’s challenge to perceive “Elbows Up” as a conventional brand amidst its widespread adoption in public discourse.
Mark Howe, son of Gordie Howe, acknowledged the commercial appeal of “Elbows Up” and the family’s history of trademarking related terms for charitable purposes. Despite the trademark office’s reservations, the ongoing trademark saga surrounding “Elbows Up” continues to attract attention, showcasing the intersection of commercial interests and national sentiment.
The Canadian Intellectual Property Office declined interviews on specific applications, leaving observers like Seidler intrigued by the unfolding trademark saga. As the office maintains its stance on the phrase’s nontrademarkable nature, the public’s ability to freely use “Elbows Up” remains a focal point amid the trademark dispute.
