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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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Can the word ICE be trademarked in connection with dance and

Resolved Question:

Can the word ICE be trademarked in connection with dance and cheerleading ? Our business name is XXXXX XXXXX stands for Wisconsin Ice Dance & Cheer. We have been told by a company that they have trademarked the word ICE, and we can no longer use it in our name.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting

BizIPEsq. :

a quick search in the USPTO trademark's office reveals thousands of trademarks that contain the word 'Ice'

BizIPEsq. :

Question: is the company that contacted you in the field of dance / cheerleading / performance ?

Customer:

Yes. They are called Indiana Cheer Enterprises Athletic Center. It used to be called Indiana Cheer Elite, which is where the initials ICE come from. Our meaning of the word Ice in our name is XXXXX XXXXX acronym, since it is cold in Wisconsin.

BizIPEsq. :

have you confirmed that they in fact have a trademark?

Customer:

Not sure how to do that. I just received the letter yesterday from their attorney.

BizIPEsq. :

it looks like they do have a trademark go here: DANGEROUS URL REMOVED?f=searchss&state=4805:299ze2.1.1 and search for serial number 78226937

BizIPEsq. :

you would need to confirm

Customer:

What year was it trademarked ?

BizIPEsq. :

December 14, 2004

BizIPEsq. :

when did you start using the term Ice?

Customer:

2010

BizIPEsq. :

unfortunately it does not look good

BizIPEsq. :

because their registration preceded your use

BizIPEsq. :

you could claim that there is no confusion between your use of Ice and theirs but under trademark law they have to protect their mark or risk loosing it so you should take into consideration that they could sue

Customer:

they use it for their name Indiana Cheer Enterprises (ICE). It doesn't stand for anything in our name which is WIDC, Wisconsin Ice Dance and Cheer.

Customer:

Is it trademarked nationally or by state ?

BizIPEsq. :

by definition a trademark is national

BizIPEsq. :

You will have to either change your name or sue them and try to invalidate their use of the name

BizIPEsq. :

the second option is very pricey and generally the chances are not good

Customer:

Does it matter that we are a not for profit business ? can we be called WIDC ?

BizIPEsq. :

it does not matter. the key is confusion in the market place. If there is a chance the two of you can be confused with one another then their right will be superior to yours

BizIPEsq. :

from the point of view of risk exposure and cost you should consider not using Ice

BizIPEsq. :

I trust this answered your question

BizIPEsq. :

I'm sorry I am not the bearer of better news. Please don't shoot the messenger...

Customer:

yes, but not the answer i was looking for

BizIPEsq. :

Please rate my service. Without your rating I do not get compensated for my work

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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