A gaming company probably lost its marbles after seeing who opposed their trademark application. A video gaming company trying to register the mark MARBLE HEROES for a new game got a surprising opposition from Marvel Comics who thinks its MARVEL trademark is too similar.

DC Comics turned some heads recently when it opposed Rihanna’s attempt to register the trademark for her real name ROBYN because DC Comics felt that it was confusingly similar to ROBIN of Batman and Robin fame. You can read about that story here. Many people called that a stretch but this one may turn some more heads. IGG Singapore PTE LTD. (that’s a lot of acronyms there) is a gaming company that put out mobile and web based games. IGG, which stands for I Got Games, offers free-to-play mobile and browser based games, including the games “Castle Clash”, “Clash of Lords 2”, and even casino games like “Texas Hold’em Poker Deluxe”.

In November 2014, IGG filed a trademark registration application in association with a new game called MARBLE HEROES. This is an intent to use registration so the game is not yet out so we don’t know anything about the game or gameplay. In February 2015, the mark was published for opinion and last week Marvel formally opposed the mark.

Marvel is the owner of several registered trademarks for the mark MARVEL and MARVEL SUPER HERO ISLAND (the Marvel branded section of Universal Studios in Orlando, FL). In 1939, Marvel started using the trademark in association with its comic books and has done so with great success ever since. In 2012, Marvel started using the mark MARVEL HEROES with its online game that allows players to assemble a team of Marvel characters to join up and fight villains; this game can be played both in web-based browsers and on mobile devices. Marvel does not own a registered trademark for the MARVEL HEROES mark but claims common law rights to the mark.

Marvel argues that IGG’s MARBLE HEROES mark so closely resembles Marvel’s “previously used and registered” MARVEL, MARVEL HEROES, and MARVEL SUPER HEROES marks as to be likely, when registered and used in connection with the upcoming game, to cause confusion. (Little oopsy there as MARVEL HEROES is not actually a registered trademark.) Marvel argues that especially since IGG and Marvel offer computer and mobile games, among other things, in connection with their respective marks, people are likely to confuse the two and think the marks are related when they are not.

So would you associate a game and trademark called “Marble Heroes” with Marvel, its characters and trademarks? Especially without seeing the game, this is not a cut and dried win for Marvel. I am sure there are many people who would argue that the two marks do not look, sound or feel anything alike. IGG has until July to chose whether to hit the start button and fight it out with Marvel over the mark or walk away from the registration.

