The trademark ICE was filed by HYPERCOM CORPORATION, a U.S. corporation (the "Applicant"). The application was published for oppositions on June 17, 2001, and received one opposition filed on September 3, 2001 by DEUTSCHE BAHN AG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 3, 2001
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).