The term "superhero" is no longer the exclusive domain of DC Comics and Marvel Comics! The United States Patent and Trademark Office (USPTO) recently revoked the "SUPER HERO" trademark jointly held by the two major American comic publishers, officially moving the term into the public domain.
The term "superhero" was initially a joint trademark registered by DC Comics and Marvel Comics in 1977, receiving approval in 1979. The companies had successfully defended this trademark multiple times both domestically and internationally.
However, 45 years later, Scott Richold of Superbabies Ltd. argued that terms like "SUPER HERO," "superhero," or "super-hero" should be considered generic and not subject to trademark protection. In his petition, Richold not only asserted that DC Comics' and Marvel Comics' actions violated fundamental trademark principles but also provided numerous examples, including works from Image Comics, to support his claim.
Notably, this legal document was penned by a comic fan who cited Ryan North's "Fantastic Four," Brian Bendis and Mark Bagley's "Ultimate Spider-Man," as well as Silver Age "Batman" and "Justice League Of America" comics. The petition even referenced Image Comics' "Invincible" to demonstrate that "superhero" is a generic term.
After Superbabies Ltd. filed its petition in May 2024, the judgment was initially delayed until July 24, 2024, due to the absence of both DC Comics and Marvel Comics. Ultimately, because neither company submitted further rebuttal, the court ruled to revoke the "SUPER HERO" trademark registration on September 26, 2024, allowing other companies to freely use the term.
via： Bleeding Cool News