Is the name ‘Space Marines’ From Warhammer 40k Copyrighted?
I write short stories and I’m making this one about wars in space, and I need to know if I can use the name Space Marines as the basic infantrier.
No, because names can’t be copyrighted. They can be trademarked, however, and I expect “Space Marines” is a trademark in the context of Warhammer 40K. Have a look at the manufacturer’s website, or in any of the game’s materials. Somewhere in the small print, it should say something like “Space Marines [and lots of other terms] is a registered trademark of [whoever owns it].” That would mean you’re not allowed to have your own Space Marines.
Having said that, the term is fairly generic – there were soldiers known as Marines long before Warhammer 40K was thought of, and it seems fairly obvious to extend that concept into warfare in space. As long as your Space Marines aren’t too similar to the Warhammer ones, you should be OK.
Incidentally, I thought marines were supposed to be an elite, specialised force, not grunt soldiers. But technologies and priorities change, and names stick long after they’ve ceased to be appropriate or meaningful.
EDIT: Someone with the same name as me – kind of proves the point that names are reusable. But Warhammer 40K came out in 1988, six years before “Doom.” Then again, if Doom has its own Space Marines, that supports the argument that the term is generic, and safe to use.
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