The Rise and Fall of the “SUPER HEROES” Trademark

The phrase "SUPER HEROES" was protected as a trademark in the U.S. from the 1960s until recently, with its co-owners being the eternal rivals, Marvel and DC Comics. (Yes, Batman and Captain America had some common ground!)

However, the trademark was recently canceled in the U.S. thanks to a comic writer from London who created the "SUPER BABIES" series. To avoid facing a potential challenge, he proactively filed for the cancellation of the trademarks. Marvel and DC Comics did not respond to the cancellation petition, leading to the trademark’s cancellation on September 26.

This means that in the U.S., the phrase "SUPER HEROES" is now available for public use by anyone. (You might even find someone selling "SUPER HEROES" t-shirts on Amazon soon!)

It's also worth noting that there is still a registered trademark for "SUPER HEROES" (N. 003357621) in the EU, registered under DC Comics since 2003.

This case is reminiscent of the David vs. Goliath battle: trademarks don’t consider the size or budget of the interested parties. Regardless of how small or large a business is, it must pay attention to its trademarks and ensure they are properly registered to survive in the competitive market!