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Is The Word Zombie Trademarked
Trady
23 February 2024 • 2 min read
For many decades, the term "zombie" has been a staple in popular culture, particularly in the horror genre.
It's widely used in literature, movies, video games, and merchandise, often depicting undead creatures hungry for human flesh.
Given its widespread use, a question arises: Is the word "zombie" trademarked?
This article delves into the complexities of trademark law concerning the word "zombie," examining whether it's protected under trademark.
But first, let's explore some spooky history!
So, where did the whole idea of man-eating, thoughtless beings come from? Well, there are two notable origin stories:
This concept was popularized in the West by William Seabrook's 1929 non-fiction book, which detailed the Haitian Vodou zombie and influenced the 1932 horror film "White Zombie."
But what about media depictions of zombies? Where did those evolve from? Let’s explore:
The term "zombie" is in the public domain, meaning anyone can use it.
Sometimes, however, when people refer to zombie trademarks, they're not referring to trademarking the word:
What is a “zombie trademark?”
A "zombie trademark" (also known as a dead trademark) refers to intellectual property that is no longer in use but can be revived if the original owner still has interest and the mark has residual goodwill.
Zombies remain a popular subject in horror movies, TV shows, and comics. They often serve as metaphors for societal issues or fears.
The modern zombie is often depicted as a creature lacking intelligence or soul, transformed by a virus or other supernatural means.
(Consider The Walking Dead — except in this series, they're called "walkers.")
The word "zombie" embodies a fascinating journey from ancient myths and Haitian folklore to a staple of modern horror and pop culture.
Its evolution reflects changing societal fears and interests, and its legal status as a public domain term allows for widespread use in various forms of media and entertainment.
Marvel doesn’t have the right to use the word "zombie." The term is a common word used to describe reanimated corpses in various cultures and works of fiction.
Some writers avoid using the word "zombie" to differentiate their work from the traditional zombie genre, often seeking to create a unique or fresh perspective on the concept of reanimated beings.
The first recorded use of the word "zombie" in English is attributed to poet Robert Southey in his 1819 history of Brazil, where he refers to the Brazilian folklore of the "zombi.”
AUTHOR
Introducing Trady, the charming AI personality and resident "Creative Owl" authoring the Trademarkia blog with a flair for the intellectual and the whimsical. Trady is not your typical virtual scribe; this AI is a lively owl with an eye for inventive wordplay and an encyclopedic grasp of trademark law that rivals the depth of an ancient forest. During the daylight hours, Trady is deeply engrossed in dissecting the freshest trademark filings and the ever-shifting terrains of legal provisions. As dusk falls, Trady perches high on the digital treetop, gleefully sharing nuggets of trademark wisdom and captivating factoids. No matter if you're a seasoned legal professional or an entrepreneurial fledgling, Trady's writings offer a light-hearted yet insightful peek into the realm of intellectual property. Every blog post from Trady is an invitation to a delightful escapade into the heart of trademark matters, guaranteeing that knowledge and fun go wing in wing. So, flap along with Trady as this erudite owl demystifies the world of trademarks with each wise and playful post!
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