Who Owns 'Elbows Up'?
· deals
Who Owns ‘Elbows Up’? Canadian Companies Trying to Cash In on Patriotic Slogan
The Canadian trademark office has been flooded with applications to register “Elbows Up,” a phrase synonymous with Canadian patriotism and defiance in the face of adversity. What’s striking is not just the number of companies trying to capitalize on it, but also the office’s stance: they’re arguing that a slogan can’t be trademarked if it’s too closely associated with national identity.
The phrase has been a staple in Canadian hockey lore for decades, particularly in reference to Gordie Howe’s playing style. Its recent resurgence reflects Canada’s current mood – one of resistance and defiance in the face of trade wars and economic uncertainty. Companies are trying to capitalize on this cultural phenomenon, but the trademark office is objecting.
The office’s decision has been met with mixed reactions. Some see it as a principled stance on protecting national symbols from corporate appropriation, while others view it as an overreach that stifles innovation and entrepreneurial spirit. After all, companies are simply trying to use a phrase that has become ubiquitous in Canadian culture – should they be allowed to trademark it, as long as they don’t restrict its use?
The office’s reliance on “general news coverage” of the phrase’s usage suggests there may be more at play here than just protecting national symbols. It’s almost as if the office is trying to send a message about what it means to be Canadian: that our national identity can’t be bought or sold, and certain phrases are too sacred for corporate use.
Historically, the trademark office has taken strong stances on trademarking national symbols before. The current decision raises questions about Canada’s evolving relationship with its own cultural heritage. What does this say about what Canadians value and how they want to see their cultural icons used?
As the debate continues, it’s worth examining the motivations behind these companies’ attempts to trademark “Elbows Up.” Are they genuinely interested in preserving Canadian culture, or are they simply trying to cash in on a trend? And what does this mean for the future of national symbols and trademarks in Canada?
The outcome will be closely watched by entrepreneurs, business owners, and Canadians at large. Will the trademark office’s stance set a precedent for other national symbols, or will it be seen as an isolated decision? The “Elbows-Up” phenomenon has become a litmus test for what it means to be Canadian in 2023 – can a slogan be too patriotic? It seems the trademark office thinks so, but their stance may have far-reaching consequences for companies and Canadians alike.
Reader Views
- PRPat R. · frugal living writer
The trademark office's stance on "Elbows Up" raises interesting questions about national identity and cultural appropriation, but what about the practical implications? If companies can't trademark the phrase, will they be able to use it at all? Or will they be forced to come up with a watered-down, generic equivalent that loses its essence? The office's decision may be principled, but it also leaves businesses in limbo, wondering how to tap into this cultural phenomenon without running afoul of trademark law.
- SBSam B. · deal hunter
The trademark office is missing the point. This isn't about protecting national symbols; it's about creating unnecessary red tape for businesses trying to tap into Canadian cultural zeitgeist. If companies are using "Elbows Up" in a way that's not misleading or derogatory, what's the harm? It's not like they're claiming exclusive rights to the Maple Leaf itself. A more nuanced approach would be to establish guidelines for respectful use of national icons, rather than treating them as off-limits.
- TCThe Cart Desk · editorial
The trademark office's stance on "Elbows Up" feels like a cop-out. By rejecting the applications based on national identity, they're leaving the public with no clear guidelines for when corporate appropriation crosses a line. What about the entrepreneurs who've already invested in "Elbows Up"-branded merchandise? Are they suddenly expected to cease production and destroy their stock? The office needs to provide clearer criteria for determining what's too sacred for trademarking – or risk stifling innovation while trying to preserve Canada's cultural integrity.