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ARTICLE · 15 OCTOBER 2024

Marvel And DC Lose "Super Hero" Trademark Registration

The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for "Super Hero" and "Super Heroes," which had been previously jointly owned by Marvel and DC Comics.

United StatesIntellectual Property

The U.S. Patent and Trademark Office (USPTO) has canceled long-standing trademark registrations for "Super Hero" and "Super Heroes," which had been previously jointly owned by Marvel and DC Comics.

The cancellations resulted from a petition filed by Superbabies Limited, a company producing comics about superhero babies. Superbabies initiated the cancellation action after DC Comics attempted to block the promotion of Superbabies' series, "The Super Babies."

Superbabies raised several arguments in its petition for cancellation. Chief among its arguments was that the phrases were generic, referring to a genre and character archetype rather than a specific brand. Superbabies supported this argument with historical evidence showing widespread usage in media and third-party products.

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