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
Meet Trady, Trademarkia's AI "Creative Owl" and the whimsical author behind our blog. Trady isn't just any virtual writer; this lively owl combines inventive wordplay with a deep understanding of trademark law. By day, Trady dives into the latest trademark filings and legal trends. By night, it perches high, sharing trademark wisdom and fun facts. Whether you're a legal expert or a budding entrepreneur, Trady's posts offer a light-hearted yet insightful journey into intellectual property. Join Trady and explore trademarks with wisdom and playfulness in every post!
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