Marvel and DC Lose Historic Super Hero Trademark

The US Trademark Office has officially canceled the “Super Hero” trademarks owned by comic book giants Marvel and DC, following a petition from London-based comic artist Scott Richold. The decision, reached on Thursday, September 26th, marks a significant development in intellectual property law for the comic book industry.

The Super Hero dispute

The issue arose when Richold, a comic book writer known for his work on Super Babies—a team of superhero infants—faced legal action from DC Comics. DC accused Richold’s company, Superbabies Ltd., of using its “Super” trademarks without permission after the company applied for its own US trademarks. In response, Richold’s legal team filed a petition in May with the US Trademark Office, urging them to cancel Marvel and DC’s “Super Hero” trademarks, arguing that the term is too generic to be owned as intellectual property.

Richold’s team argued, “Trademark law does not permit companies to claim ownership over an entire genre. SUPER HERO is a generic term that should not be protected as a trademark.”

Marvel and DC fail to respond

The case was brought before the US Trademark Office’s Trademark Trial and Appeal Board (TTAB), and Marvel and DC were given a deadline to respond to the petition. After requesting and being granted an extension, the comic book giants failed to submit a response by the July 24th deadline. As a result, the TTAB ruled in favor of Richold’s company, Superbabies Ltd., on September 26th.

Superbabies Ltd.’s attorney, Adam Adler, called the ruling “a victory for creativity and innovation,” stating, “By establishing SUPER HEROES’ place in the public domain, we safeguard it as a symbol of heroism available to all storytellers.”

Marvel and DC’s trademark history

The “Super Hero” trademark dates back to 1967 when it was first registered by Ben Cooper, Inc., a company that sold Halloween costumes of DC and Marvel characters. In 1972, the Mego Corporation attempted to trademark “World’s Greatest Super Heroes” for a line of action figures, which sparked a legal battle. Marvel and DC eventually gained joint ownership of the “Super Hero” trademark after the issue was settled.

The cancellation of this long-standing trademark is likely to have lasting implications for both companies, opening the door for other creators to use the term “Super Hero” without fear of legal action.