noun, plural -roes.
a hero, especially in children's comic books and television cartoons, possessing extraordinary, often magical powers.
noun, plural -roes; for 5 also -ros.
1. a man of distinguished courage or ability, admired for his brave deeds and noble qualities. 2. a person who, in the opinion of others, has heroic qualities or has performed a heroic act and is regarded as a model or ideal: He was a local hero when he saved the drowning child. 3. the principal male character in a story, play, film, etc. 4. Classical Mythology . a. a being of godlike prowess and beneficence who often came to be honored as a divinity. b. (in the Homeric period) a warrior-chieftain of special strength, courage, or ability. c. (in later antiquity) an immortal being; demigod.
The word "Super Hero", is a term utilized by several media outlets daily to describe someone heroic and was not invented by either DC or Marvel comics. The term “Super Hero” originated from a western silent film in 1907 and later used in News paper strips to describe characters like Tarzan, Flash Gordon, Zorro, and Mandrake the Magician. Characters which are not owned by either firm. In fact, "Super Hero" was not a widely used term with characters synonymic to heroes in the forties. "Mystery Men", "Masked Men" and "Caped Crusader" were more popular terms of the day which described what we know today as "Super Heroes".
In response to the notice of Opposition filed by behalf of Marvel and DC comic characters against my trademark "Cup O Java Studio Comix A World Without SuperHeroes". Documents filed was entered as " A World Without SuperHeroes". I do not possess a trademark which would cause confusion of the DC and Marvel mark "Super Heroes" because my mark clearly indicates "Cup O Java Studio Comix", emphasized with a logo clearly representing a company not associated with DC or Marvel Comics, followed by the words "A World Without SuperHeroes", which clearly indicates that the characters in my publication are NOT SuperHeroes nor demonstrate behavior which is Super heroic. In fact, the context of my story is science fiction which include fictional governmental agencies and deals with American History, Politics and Post War veterans from the Vietnam War. The title represents the literal element of the context which is advertised quite clearly and without misrepresentation.
DC/Marvel Evidence filed by USPTO records
Fact: The literal mark of "Super Hero" sample is a factory tag from 1967. Not of a product in commerce to be sold to date.
Fan know how
As an avid reader and fan of DC and Marvel Comics for 38 years and a seller of their products online in the past, I can attest that Ben Cooper Super Hero costume products have not been utilized as a literal element to promote or sell Ben Cooper costume products since the re-issue of remade Ben cooper costumes in the late1980's. More recent costumes sold in commerce are not under Ben Cooper and are not produced by Marvel or Dc comics.
The word Super Heroes is not the title of the product, nor does it sell costumed products dependent on such a mark. Rather, the term is licensed by independent companies that market costume products indicating clearly, "Spider-Man", "Superman", "Batman" and "Iron Man", not Super Heroes. Names of such costumes are protected under individual registered marks. Characters owned by DC and Marvel are internationally recognized as pulp heroes defined as "Mystery Men", "Costumed characters", "Caped Crusaders" or "Masked Avengers"and are not dependent on the definition or term Super Hero(es) to determine sales of products which are not sold under the literal element and cannot be protect under trademark laws.
What a registered mark is
The "Super Hero" mark indicates that there are publications in commerce which indicates clearly that there is a periodical or product being sold under its registered mark, "Super Hero". In that of itself no monthly, quarterly or annual publication exists. In fact, the term "Super Hero" is seldom used in printed publications in print by DC and Marvel.
Super Hero is classified as a generic term
The concept of a super hero and the term itself is understood by readers of comics as an abstract concept like God, Jesus, Zeus, Hercules Mercury, Beowulf or the Devil. The term Super Hero is literally a modern day mythology and represents a genre of fiction. Not a specific person or persons. Generally, in the news media a super hero can be defined as any average human being willing to sacrifice themselves for the greater good, thus appearing super heroic. Police men, Fire fighters, US service men and women can be viewed as a Super Hero for their brave and heroic deeds performed. Periodically, sports figures are often depicted as a Super Hero for their Athletic ability and physique. Musicians, rock stars like Elvis Presley, The Beatles, Queen, Kiss or Earth, Wind and Fire, Michael Jackson and Lady Gaga are often described as super heroic because of their flashy outfits, their unique personalities and their ability to inspire fans through the their music.
What is a Super Hero really?
Super Hero is a generic term used daily by the mass majority to describe incredible athletic feats, people of merit who have the ability to inspire others and to describe incredible events which are great, different or miraculous.
Literatures first Super Heroes in history were Jesus Christ, Moses, David and Golitah,Noah's Ark, Buddha, The Monkey King, Gilgamesh, Odysseus, Hercules, Jason and the Argonauts, Beowulf, Cesar, Alexander the Great, Buffalo Bill, Wyatt Earp, Davey Crocket and Uncle Sam.
Are Marvel and DC characters really super heroes? or Super Menaces to society?
Comics such as Spider-man, Iron man, Batman or Super Man do not publish text indicating that such characters are super heroes within the context of their registered names. In fact, there is no monthly comic book title that is published by either company which indicates the word "Super Heroes". In direct conflict to the concept of the term "Super Heroes", both companies emphasis that their own marks that Spider-Man in fifty years of its publication has been known as "Amazing Fantasy", "the Amazing Spider-Man, the Spectacular Spider-Man" an "the Avenging Spider-Man". No text on its title indicate that Spider-man is a superhero.
Spider-man: Since 1963, Spider-man has been known as a scientist, a menace to society, a super criminal, a heart breaker and and often portrayed as a vigilante, not a super hero. Peter Parker is a teenager with good intentions, who performs good deeds,but is considered a tragic hero, because he is never given credit for his heroic efforts. He is not a Super Hero.
Iron Man: In the titles of Iron Man since 1963, has been known as "Tales of Suspense featuring Iron Man" and "The Invincible Iron Man". The character Tony Stark is known as a scientist, an alcoholic, a womanizer and an industrial weapons manufacturer through an agency known as Shield. Iron Man is not a Super Hero, he's Halliburton. He is also drawn since 1963, to resemble Howard Hughes who was an inventor, not a Super Hero. There is not literal element on the covers of Iron Man that indicates that he is a superhero.
Batman: titles which of Batman which first appeared in 1938, was 'Detective Comics #28", "Batman", "Batman: The Dark Knight", "Batman and the Outsiders" , "Batman Family" and "Batman and Robin", in the last seventy years there does not exist a title which suggest that Batman is a Super Hero. Nor has there been a title of Batman published advertising "Batman: Super Hero". This is because Batman is a masked vigilante ie. a criminal who does not abide by societies laws, and a dark knight detective. Batman is a detective who uses illegal and unorthodox methods solves cases. Not a Super Hero. There is no comic book cover ever published from DC comics indicating that Batman is a Super Hero.
Superman: In the Case of Superman originally published 1939 in "Action Comics", has also never had a comic titled in seventy years incorporating the word "Super Hero". Unlesss it is used in generic terms.
In fact, Superman titles include, "Action Comics", The Adventures of Superman", "Super Man: Man of Steel", "Super Man family" and "Superman". Although Superman does super heroic acts in his publications he is an Alien from another world impersonating a human. His over all goal is to fit in and be a normal human being that does ordinary things. His alter ego is Clark Kent which is a reporter, not a Super Hero. Superman is a symbol representing immigrants who come to live the American Dream. Again, not a super hero. In all accounts, Superman is an immigrant who is simply a good person.
The Incredible Hulk: aka Dr. David Banner is a genetic scientist who becomes a Green monster through gamma rays and is a fugative who is hunted by the US military. The Hulk smashes, destroys and terrorizes the average human being and often fights other costumed avengers. The Hulk is the modern day Dr. Jekyll and and Mr. Hyde, not a Super Hero. The Hulk symbolizes the average teenager who does not identify or wishes to conform to society, therefore he becomes a monster, attacks the symbols of justice and order ie.Army, and becomes a fugitive from the law.