In effect, what their successful registration of the term ‘super heroes’ achieves is to restrict the use of a genre title to the two biggest companies in the industry, and enable them to prevent others from using that term to describe their goods which are similar or identical – their trade mark creates a statutory monopoly on the term. The two largest comic book and graphic novel producers in the world, Marvel and DC, jointly hold a range of trade marks which cover the term ‘super heroes’. It grants them the right to take infringement proceedings if another party uses an identical or confusingly similar mark on identical or similar goods in the course of trade ( TMA 1994: s 10). The purpose of a trade mark is to give that holder rights to protect the use of a mark which is capable of being represented graphically and distinguishing their goods or services from another ( Trade Marks Act (TMA) 1994: s 1). A registered trade mark allows the holder of the mark to use that mark as a designation of origin for their goods.
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