How DC comics and Marvel comics lost their super hero trademarks
Even if the classic heroes under DC Comics and Marvel Comics are the first to come to mind, they are not the first. Comic heroes started with The Phantom, created by Lee Falk in 1936, which predated Superman by a year. In fact, Popeye was first featured in a comic strip in 1929.
Now, heroes come from everywhere in the world from Asterix and Obelix in Europe to My Hero Academia in Asia to Jember in Africa. Despite their shared genre, they could not market them as “Super Heroes” since the trademark belonged to DC Comics and Marvel Comics – until 2024.
This article will explore how a petition led to the end of the tumultuous trademark history of “Super Hero”.
Understanding trademarks
Trademarks are ways to assign a product, service, logo, etc., to a specific brand. Therefore, when you see a specific trademark, you can know which company it belongs to. This also helps the company communicate the quality of the product, allows the company to advertise with it, and creates a brand image.
If another entity acts using a trademark that is not its own, the owner can pursue legal action since it could be affecting the company’s brand. Failing to protect your trademark adequately can lead to it falling into the public domain. This is why large brands such as Disney have a reputation for defending their trademarks from any infringement.
1967 – 2023: The history of the Super Hero trademark
Although DC Comics and Marvel Comics have been rivals for nearly 9 decades, they got the “Super Hero” trademark together. The journey to this trademark started in 1967 when they created a line of super hero Halloween costumes. At the time, Ben Cooper Inc. trademarked “Super Hero” for this line.
To avoid long litigation, the two bands decided to retain shared superhero-related trademarks together. Then, they would work together to oppose any other company from trademarking any similar term, creating a monopoly of sorts in media, toys, ice cream, and clothing related to superheroes.
Of the companies that attempted to use the trademarks, many failed, such as Metcash Trading Ltd. One rare success includes Superloans protecting their right to use hero imagery along with the “Superloan” trademark.
The Superbabies trademark dispute
Superpbabies Ltd created the comic book Superbabies, published by Iconic Earth Studios. From their inception, the brand used the “Super” prefix as part of their trademark. However, DC Comics and Marvel Comics often oppose trademarks that use “super” and “hero” in any combination.
DC and Marvel opposition to “Superbabies”
When Superbabies Ltd applied to trademark “Superbabies”, DC Comics and Marvel Comics submitted a notice of opposition. This notice was meant to stop Superbabies Ltd from using this trademark – a tactic that has worked in the past.
In particular, DC Comics and Marvel Comics referenced the similarity to their “Superwoman” and “Superman” trademarks as well as other “Super-” prefix trademarks they own. Still, they made no direct reference to a character, product, or service with the “Superbabies” trademark or name.
Superbabies petitions to cancel the “Super Hero” trademark
In response to DC Comics and Marvel Comics’ opposition to the term “Superbabies”, Superbabies Ltd petitioned to cancel the “Super Hero” Trademark. Their lawyer claimed that “Super Hero” defined a whole genre and could not be a trademark. This refers to the “genericide” concept whereby a trademark becomes so used generally that it is no longer distinctive.
Additionally, their lawyer claimed two companies cannot own a trademark since it goes against the principle that a trademark protects a single revenue source. Finally, the US Patent and Trademark Office gave DC and Marvel the chance to answer this petition before making its ruling.
DC and Marvel lose trademarks
DC Comics and Marvel Comics have previously fought against trademark infringements and continue to do so against “Superbabies”. However, when it comes to the petition, they did not answer this petition. In fact, their law teams did not explain why they did not contest the petition when they had previously protected these trademarks. As a result of failing to respond to the petition, DC Comics and Marvel Comics lost the “Super Hero” and “Super Heroes” trademarks on September 26, 2024.
Among their plausible arguments, DC Comics and Marvel Comics could have listed past precedents where local and foreign courts sided with them. They could also explain their shared trademark due to the history of the trademark, which started with a shared line of products. They could also have demonstrated how “Super Hero” has a close tie to their brand, and evoking this trademark makes the public think of their characters.
Who owns “Super Hero” in 2024?
Since DC Comics and Marvel Comics lost their “Super Hero” trademark, anyone can use these words while marketing their products and services. Nevertheless, you should be careful of how you choose to use these words and any associated combinations. This is because DC Comics and Marvel Comics still own (together or apart) “Superman”, “Superwoman”, “Super-Pets”, Super Friends”, and “Super Villain”.
How can I secure my trademark?
Trademarking is essential to ensuring the continuity of your brand. It ensures that other companies cannot steal your efforts to create a trustworthy image. Therefore, you should secure your trademark with Xavier Morales, Esq. He is a licensed attorney based in Austin, Texas who specializes in trademarks. In fact, Morales Esq. has received the number one trademark attorney award from the Trademark Insider.
Final thoughts
Now you know that after 57 years, DC Comics and Marvel Comics no longer own the trademarks of “Super Hero” and “Super Heroes.” They lost these trademarks after Superbabies Ltd. proposed a cancellation of them. Nevertheless, DC Comics and Marvel Comics continue to oppose Superbabies Ltd’s trademark over “Superbabies,” which they claim is too similar to their trademarks.
To avoid losing your trademark, you can consult legal counsel who specializes in trademarks, such as Xavier Morales Esq., and ensure that your trademark is properly processed and maintained.
