A competitive rush by companies to claim exclusive trademark rights over the phrase “Elbows Up” has run into a major roadblock, as the Canadian Intellectual Property Office (CIPO) moves to reject their applications. About a dozen companies recently applied to register the phrase across various product categories—including apparel, beer cans, bumper stickers, and health supplements.
Official Stance
CIPO trademark examiners have issued formal objections against the bulk of these applications, citing that the slogan is “non-distinctive”. Legal experts note that the trademark office has taken a rare, principled stance that “Elbows Up” has evolved into a national patriotic symbol. Because Canadian consumers associate the term with national pride and collective identity rather than a specific commercial brand, authorities maintain that no single private entity should hold exclusive commercial rights over it.
Background and Popularity
The expression originates from traditional Canadian ice hockey, notably associated with Hall of Famer Gordie Howe’s physical style of play. It surged back into mainstream national consciousness amid trade tensions with the United States. The slogan gained massive traction after being featured in high-profile public campaigns involving comedian Mike Myers and Prime Minister Mark Carney.
Given CIPO’s position, the phrase is expected to remain in the public domain, preserving the right of all Canadians and local businesses to use it freely without corporate monopoly.
