Source: Reuters

Recently, the United States Patent and Trademark Office (USPTO) has made an unprecedented decision, annulling a trademark jointly held by DC Comics and Marvel Comics for years. This ruling means that other creators can use the word “superhero” without legal restrictions, representing a monumental change in the entertainment industry.

Since 1977, Marvel and DC have jointly registered the term “Superhero,” getting its approval in 1979 and successfully defending it on multiple occasions. However, the companies S.J. Richold and Superbabies Limited argued that the terms “Superhero,” “Superhero,” or “Super-hero” are generic and not susceptible to protection under the trademark.

Following the USPTO’s decision, Superbabies’ attorney, Adam Adler, expressed that this is not only “a win” for his client but also “a win for creativity and innovation. ” By establishing SUPERHEROES in the public domain, we ensure they symbolize heroism available to all storytellers.

With this ruling, any movie, program, or comic can now use the word “superhero” without fear of reprisals. It should be remembered that a few years ago, even the Amazon Prime Video Series “The Boys” referred to several characters as super to avoid a legal process before the representatives of Warner Bros. and Disney.

It is essential to mention that although the word, as mentioned earlier, can be used singularly, superheroes and supervillains continue to be the exclusive property of DC and Marvel. For their part, spokespeople and lawyers for Marvel and DC have not addressed any comments.