Businesses are seeking to trademark the phrase “Elbows Up,” a popular Canadian saying that has transitioned from the hockey world to broader cultural significance. Applications to trademark the phrase have been made by several companies, aiming to use it on various products such as clothing, beer cans, bumper stickers, and dietary supplements.
Despite the numerous trademark applications, most have faced objections from the Canadian Intellectual Property Office due to the phrase being deemed “nondistinctive.” Legal experts, including trademark and copyright lawyer Reagan Seidler, suggest that the office has taken the stance that “Elbows Up” has evolved into a patriotic symbol and should not be monopolized by any single entity.
The origin of “Elbows Up” dates back to legendary NHL player Gordie Howe, known for his playing style of raising his elbows on the ice. The phrase gained new meaning during a political event when actor Mike Myers used it as a symbol of Canadian resilience amid trade tensions with the U.S.
While it’s common for companies to trademark catchy phrases, the attempt to capitalize on a political moment like this is unusual. Mark Howe, son of Gordie Howe, acknowledges the marketability of “Elbows Up” and the interest in trademarking it. The Howe family, experienced in trademarks, sees it as a potential business opportunity.
Despite the trademark challenges, the Canadian Intellectual Property Office remains firm on its position regarding the phrase’s trademarkability. Observers find the situation intriguing, noting the public’s rush to claim ownership of popular phrases and the office’s commitment to preserving the phrase for general use.
The unique scenario surrounding the trademarking of “Elbows Up” continues to unfold, sparking discussions on the intersection of culture, business, and intellectual property rights.