Multiple Canadian companies are attempting to trademark the popular phrase "Elbows Up," which has recently gained prominence in national discourse due to its political and cultural significance. These businesses aim to use the slogan on merchandise ranging from clothing to beer cans and dietary supplements. However, the applications have faced objections from the Canadian Intellectual Property Office (CIPO) because the phrase is considered too generic or nondistinctive to be trademarked exclusively by any single entity.Trademark expert Reagan Seidler explains that CIPO views "Elbows Up" as a patriotic symbol rather than a brand identifier, making it unlikely for any company to successfully claim ownership over the term.
Written by the local model on 2026-09-14,
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Story summary
Canadian companies are attempting to trademark the patriotic slogan "Elbows Up," which has gained popularity across various contexts from hockey to politics. According to the Canadian Intellectual Property Office’s trademarks database, there are roughly a dozen applications seeking exclusive rights over the phrase, with businesses wanting to use it on products like clothing, beer cans, bumper stickers, and dietary supplements.
However, most of these trademark applications have faced objections due to the phrase being deemed “nondistinctive.” Trademark lawyer Reagan Seidler from Smart and Biggar in Toronto explains that the trademarks office believes "Elbows Up" cannot serve as a brand name because it is widely recognized as a patriotic symbol. This means no single entity should be able to claim ownership over the phrase, making it difficult for companies to successfully trademark the slogan.
Written for “Canadian Companies And Elbow Up Slogan” on 2026-09-14,
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Canadian companies trying to cash in on patriotic slogan
A dozen companies have applied to trademark the phrase
From the hockey rink to the political arena, the phrase “Elbows Up” has become part of the Canadian lexicon — and now a number of businesses are trying to cash in on it.
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There are roughly a dozen applications listed on the Canadian Intellectual Property Office’s trademarks database to have the exclusive right to “Elbows Up,” with companies seeking to emblazon the slogan on everything from clothing to beer cans, bumper stickers and dietary supplements.
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companies → be → cans
But the bulk of the applications, many of which were submitted over a year ago, have been met with objections from the office due to the phrase being “nondistinctive.”
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phrase → submit → office
Trademark and copyright lawyer Reagan Seidler said the office appears to have taken an official position that "Elbows Up" cannot function as a brand because it has become a patriotic symbol.
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it → say → brand
“They are of the opinion that nobody in Canada should be able to own the phrase,” said Seidler, who works with Smart and Biggar in Toronto.
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who → own → Toronto
“The trademarks office is of the view that if you see Elbows Up on a T-shirt, you're not going to think Elbows Up is the company name or its slogan.
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Up → see → shirt
You're going to think that is just repeating the kind of messaging that's come from the Prime Minister's Office and elsewhere.
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that → go → Office
”
“Elbows Up” has been around for decades, first used to describe the playing style of legendary Canadian NHLer Gordie Howe, who was known to raise his elbows to protect himself and fend off opponents on the ice.
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who → use → ice
But early last year, the meaning shifted.
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meaning → shift → ?
As the trade war with the U.S. heated up, actor Mike Myers appeared on Saturday Night Live and as the cast was waving goodbye, he unzipped his vest to display a shirt declaring that “Canada is not for sale.”
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Canada → heat → sale
He then gestured to his elbows and mouthed “elbows up.”
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He → gesture → elbows
Not long after, Prime Minister Mark Carney released a campaign video with Myers, standing on the edge of a hockey rink, and ending with the pair repeating the phrase.
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pair → release → phrase
Seidler said it’s not unusual for companies to jump to trademark a moment or catchy expression, pointing to “very demure, very mindful,” made famous by a woman on TikTok.
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companies → say → TikTok
But he’s never seen companies try to capitalize on a political event.
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companies → see → event
“It is very rare for the trademarks office to say, in principle, a phrase should not be owned by any particular company,” said Seidler.
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Seidler → say → company
“And they reference in their objections general news coverage of how the phrase has been used as their basis to say that elbows up inherently will not function as a brand name in the minds of Canadians.”
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elbows → reference → Canadians
Mark Howe, son of “Mr. Elbows,” as he was also known, said he’s not surprised that people are trying to trademark Elbows Up, noting it’s a “very marketable thing.”
The Howe family is no stranger to trademarks.
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family → know → trademarks
The Howe Foundation owns the trademarks for Gordie Howe, Mr. Hockey and Mrs. Hockey, mostly as a way to raise funds for the charitable organization, he said.
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he → own → organization
In fact, Mark Howe said officials had to ask permission to use his father’s name on the Gordie Howe International Bridge, which opened earlier this year.
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which → say → Bridge
And I would like to think somebody would try to trademark it.…
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somebody → like → it
I would be shocked actually if somebody didn’t try to go after it,” said Howe in an interview.
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Howe → try → interview
Mark Howe said despite his father’s reputation on the ice, he was a respectful family man who would be appreciative of the hoopla surrounding “Elbows Up” and a namesake bridge.
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who → say → Elbows
But as soon as everything just kind of drifted away, he would look forward to being with his family, his grandkids, being out fishing, golfing, doing something like that,” said Howe.
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Howe → drift → that
The Canadian Intellectual Property Office declined an interview request, saying in a statement that it cannot provide information about applications.
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it → decline → applications
Seidler said it has been interesting watching the “Elbows Up” phenomenon play out.
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phenomenon → say → ?
“I do think it's amusing to watch every time a phrase hits the public domain, the swath of people that will move in to try to monopolize that phrase and capitalize on it.
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that → think → it
It's a natural instinct,” he said.
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he → say → ?
“The more interesting part of the story is that the trademark office has taken the principled position that Elbows Up is not capable of serving, in their view, as a trademark and in that sense, reserving the right of all Canadians to use that phrase as this trade war continues.”
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war → take → phrase
