Marvel Has Lost Its “Super Hero” Trademark

If you have ever watched a film such as Pixar’s The Incredibles and wondered why the heroes were all called “supers,” the answer is simple: DC and Marvel Comics actually have a trademark for the term “Super Hero.”

As such, other creators who wanted to use the seemingly common term were barred from doing so.

Photo: Marvel

The “Super Hero” trademark’s genesis dates back to 1967. In total, the two comic book behemoths jointly owned four federal trademarks covering the term.

The “Super Hero” Trademark Was Challenged 

However, that monopoly seems to be ending, as the US Patent and Trademark Office (USPTO) has canceled the companies’ claims on several of their trademarks.

Photo: Superbabies

The change comes after Superbabies Limited, a small London-based publisher, challenged the trademarks. Superbabies creator S.J. Richold said the challenge came about after DC “attempted to block Richold’s efforts to promote ‘The Super Babies.’”

A New Era

After Marvel and DC did not respond to the challenge by the USPTO’s 24th due date, the trademarks have lapsed, and the phrase “Super Hero” will now re-enter the public domain.

Photo: Marvel

“By establishing SUPER HEROES’ place in the public domain, we safeguard it as a symbol of heroism available to all storytellers,” Superbabies attorney Adam Adler said.

The ruling, he said, was “not just a win for our client but a victory for creativity and innovation.”

Photo: Marvel

While Marvel and DC’s “Super Hero” trademark has now lapsed, the pair of publishers still own trademarks on similar terms, including “Super Heroes” and “Super-Villain.” At this time, it does not appear that those trademarks have been affected.

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