Marvel and DC lose the ability to use the term "SUPER HERO" as a trademark

The word "superhero" is thrown around pretty loosely; obviously it refers to spandex-clad heroes created by comics giants Marvel and DC, like Batman or Spider-Man. But Invincible, created by Image Comics, is also a superhero. Hellboy, created by Dark Horse, is a superhero, right?

Obviously yes, but they apparently couldn't be marketed as such, because Marvel and DC have been sharing a trademark in the term "SUPER HERO" since 1967. Very generally, a trademark is usually a brand or symbol so closely associated with this or that company that other companies are legally forbidden from using it. So McDonald's has a trademark in the golden arches, and Marvel and DC had a trademark in the term "SUPER HERO."

I say they had a trademark because the US Patent and Trademark Office has just revoked it, according to The Verge. The drama started when Marvel and DC attempted to stop a small company called Superbabies Limited from promoting a series of comics called Superbabies by claiming a trademark violation. (Superbabies, by the way, is what it sounds like: super-powered babies.) A lot of companies would probably roll over when confronted with the likes of Marvel or DC, but Superbabies creator S.J. Richold decided to fight back. And now the USPTO has rewarded him with a favorable ruling.

Granted, the ruling has less to do with the substance of the claim and more about how Marvel and DC didn't respond to the challenge by the deadline: July 24. It's possible they could still push back. Still, I think most people would agree that claiming a trademark on something as broad as "SUPER HERO" was going too far, so maybe they'll let this lie.

Richold's lawyer Adam Adler touted the win: "Securing this result is not just a win for our client but a victory for creativity and innovation. By establishing SUPER HEROES' place in the public domain, we safeguard it as a symbol of heroism available to all storytellers." Richold weighed in as well: "Superhero stories teach us to stick up for the little guy, so it's only fitting that the liberation of SUPER HEROES would come at the hands of The Super Babies—the littlest of them all. My hope is that this victory will encourage smaller companies to share their stories with the world."

Watch the gag reel for Deadpool & Wolverine

I can't imagine Marvel and DC will be hurt if they lose a trademark in the term "SUPER HERO." Like, do they really think that the Superbabies comic was going to threaten the success of movies like Deadpool & Wolverine? Seems petty.

Marvel and DC also jointly own trademarks in the terms "SUPER HEROES” and “SUPER-VILLAIN.” Time to dump 'em all, I say.

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