When you read that headline, you might be thinking “Wait a minute. You can’t call yourselves Superheroes. DC Comics and Marvel own that term?”
Up until early October of 2024, you would have been right. But a recent decision by the United States Patent and Trademark Office (USPTO) changed all that, which underscores the importance of trademarks to your business. Trademarks are crucial for protecting your business’s brand identity, reputation, and competitive edge. Securing a trademark is only the first step—maintaining and enforcing it is an ongoing process that requires constant vigilance.
For decades, Marvel and DC held joint rights to the term “Superhero.” However, due to the way the term has been widely used in popular culture, it was recently returned to the public domain. This decision underscores the importance of regularly managing trademarks and IP assets to ensure long-term protection. At ScaleUp Legal, we help businesses navigate the complexities of trademark law, ensuring your brand remains protected and enforceable.
Marvel, DC, and the Return of “Superhero” to the Public Domain
Marvel and DC shared ownership of the trademark “Superhero” for many years, using it to control how the term was used in entertainment and marketing. Over time, however, the term became so widely adopted in popular culture that it no longer functioned as a unique identifier tied to these companies.
A recent challenge to the trademark raised the issue of whether the term had become too generic to remain protected. Genericide occurs when a trademarked term is used so commonly by the public that it loses its distinctiveness and legal protection. Marvel and DC chose not to respond to this challenge—probably because they knew it was a lost cause—and this allowed the USPTO to return the term “Superhero” to the public domain. This means that anyone can now use “Superhero” without legal repercussions from Marvel or DC.
While this case primarily affects the entertainment industry, it serves as a reminder of the importance of maintaining trademarks.
Why Trademark Maintenance Is Critical
Trademarks are vital for distinguishing your brand and preventing competitors from using similar names or logos that could confuse consumers and damage your business’s reputation. However, simply registering a trademark doesn’t guarantee permanent protection. Trademarks must be actively monitored and defended over time to ensure they remain enforceable. It is not the government’s job to police for infringement or enforce proper use of a trademark—that responsibility falls on the trademark holder.
Without regular monitoring and legal enforcement, trademarks can weaken and become generic, as seen in the Marvel-DC case.
How ScaleUpLegal Can Help You Protect Your Trademarks
At ScaleUp Legal, we specialize in helping businesses secure, monitor, and enforce their trademark rights. Our team is experienced in handling trademark law and understands the importance of protecting your brand identity from challenges, whether through legal action or strategic IP management.
Key Services from ScaleUp Legal:
- Trademark and IP Strategy: We provide expert advice on how to register and maintain your trademarks, helping you identify key brand elements that need protection and developing a strategic plan for securing your brand.
- Trademark Monitoring and Enforcement: We continuously monitor your trademarks to identify any potential risks or infringing activity. If your trademark is challenged or infringed upon, we act quickly to defend it, ensuring your rights are upheld.
- Trademark Licensing: If you wish to license your trademark to third parties, or need to license a trademark from others, we assist in structuring agreements that ensure your rights remain protected while allowing others to use your IP legally and ensuring you don’t infringe on other trademark holder’s rights.
- IP Portfolio Management: We help manage your entire portfolio of trademarks, and other IP assets, ensuring that everything is renewed and protected on time, and aligned with your long-term business goals.
- Technology Agreements: For businesses with tech-related intellectual property, we help draft and negotiate agreements that protect your innovations, including software licenses, SaaS agreements, and more.
- Data and Privacy Protection: We also support businesses in protecting sensitive data and complying with privacy laws, ensuring your valuable information is legally secure.
To ensure your IP remains protected, it’s crucial to have a team of legal superheroes who understand the complexities of trademark law and can help you stay on top of any potential challenges.
At ScaleUp Legal, we provide comprehensive IP protection services, from registration to enforcement and portfolio management. We help businesses like yours safeguard their intellectual property and ensure their trademarks remain strong, distinctive, and enforceable.
Contact our legal superheroes today to learn more about how we can help protect your intellectual property.
For more details on how ScaleUp Legal can help, visit ScaleUpLegal’s Intellectual Property Services.