No, they can't considering Stan Lee based The X-MEN on a sci-fi book from the 1950's called "The Mutants" Marvel comics does not own the right or trademark to the concept of "genetically altered people" it's something that one can get by on under fair use. You can't copyright abstracts, you can however copyright names, and secret origins, and other types of stuff.

Basically this show, while very good is sort of a dramatic take on the short lived 1980s show "Misfits Of Science" which was a really cute show I wish they'd put back on syndication. Bunch of unlikely people joined together with the discovery of unique powers, teaming up to fight weird mad scientist types.

Although, if you want to go into a comic book paralel, this storyline seems a bit more "New Teen Titans" than the X-MEN. Because the threat they were "born" to face, kind of reminds me of Trigon.