He's not claiming that their trademark is invalid because of "prior art", he is saying that they should not have a trademark on the term in the same way that Tr

He's not claiming that their trademark is invalid because of "prior art", he is saying that they should not have a trademark on the term in the same way that Tropicana should not be permitted to have a trademark on "orange juice". That is to say, "space marine" and "orange juice" are both clearly descriptive marks. That "space marine" is a descriptive mark is evidenced by it's long history of usage. http://en.wikipedia.org/wiki/Trademark_distinctiveness http://en.wikipedia.org/wiki/Trademark_distinctiveness