Is rain dance a TM?

“Rain Dance”: Can You Really Own a Prayer for Rain?

“Rain dance” – the very words conjure up images of swirling figures, ancient rituals, and a heartfelt plea to the heavens for life-giving rain. It’s primal, it’s powerful, and it’s been around for centuries. But in our modern, logo-slathered world, can someone actually own that? Can they slap a trademark on a tradition? Well, the answer is a bit of a mixed bag. While you can’t trademark the idea of a rain dance, the name itself? That’s where things get interesting.

Digging into the Trademark Database: “Rain Dance” in the Real World

Turns out, a peek into the trademark registries reveals a surprising number of “Rain Dance” trademarks. And they cover everything from wine to… well, you’ll see. This really highlights how important context is when we’re talking trademarks. Think of it this way: a trademark is like a fence around a brand name, protecting its use for specific products or services. It stops competitors from using a name that’s too similar and confusing to customers.

Take Rain Dance Ranch LLC, for instance. They’ve got a registered trademark for “RAIN DANCE” connected to their winery – everything from the wine itself to those gorgeous vineyard views. They initially filed in 2013, and it shows that, yep, you can trademark “Rain Dance” if you’re using it in a specific business area.

Then there’s Namaqua Wines, over in the UK. They’ve trademarked “RAIN DANCE” for a whole range of drinks, from beer and fizzy water to fruit juice and, of course, wine.

But here’s the thing: not everyone gets the green light. CUNO INCORPORATED tried to trademark “RAINDANCE” back in ’98 for water filters, but it never happened because they didn’t respond to the trademark office. And Valley View Specialties Co.? They had a “RAINDANCE” trademark for fountains way back when, but it got cancelled in 1991. The lesson? You gotta use it or lose it! Trademarks aren’t just for show; you’ve got to keep them active.

More Than Just a Name: The Cultural Heart of the Rain Dance

Let’s not forget where the rain dance really comes from. We’re talking about ceremonies practiced by cultures all over the world, especially Native American tribes, who dance to bring rain and a good harvest. These dances aren’t just a bit of fun; they’re tied to deep spiritual beliefs and traditions. The Cherokee, for example, used rain dances to both summon rain and banish bad vibes. And the Hopi Indians? They even bring snakes into their rain ceremonies!

That’s why the idea of someone owning the concept of a rain dance just feels wrong. Thankfully, trademark law gets it. It’s there to protect businesses, not to put a fence around our shared cultural heritage.

“Rain Dance” in the Wild: From Art to Car Washes

The term “Rain Dance” has really taken on a life of its own. It pops up in all sorts of places, from album titles by artists like Clark Datchler and Sara Storer to the name of a British Rave event. And who remembers Rain Dance car wash, which was launched way back in 1981? Even Roy Lichtenstein, the pop art legend, created a “Rain Dance” poster for a charity event back in 1985. All these different uses just show how widespread the term is, and how important it is to be super clear about what you’re using it for if you’re trying to trademark it.

The Final Drop: So, Can You Trademark a Rain Dance?

So, bottom line: can you trademark “rain dance”? Yes, but with a big asterisk. Companies can trademark the name “Rain Dance” for their specific products or services, like wine or a super-sudsy car wash. But the idea of the rain dance, that ancient and powerful tradition? That’s something that belongs to all of us. Trademark law is there to protect brands, not to privatize our cultural soul.