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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

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ALASKA CENTRAL EXPRESS, INC.

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NOTICE OF REGISTRATION OF TRADE NAME

On January 12, 2012, Alaska Central Express, Inc. (“Alaska Central”), a U.S. certificated air 

carrier,1 requested that the Department register the trade names “ACE Air” and “ACE Air 

Cargo” for use in certain of its air transportation operations. 

Alaska Central states that it is in its final stages of preparation prior to commencing interstate 

scheduled passenger operations and is planning to hold out its schedule under the trade name 

“ACE Air.” In addition, Alaska Central currently uses the trade name “ACE Air Cargo” for its 

existing cargo service. The air carrier also notes that pursuant to Part 215 (14 CFR Part 215), it 

is able to use variations of the name that are identifiable with its authorized name. 

Part 215 of the Department’s regulations provides that any air carrier wishing to use an 

alternative trade name must first register that name with the Department. The rule further states, 

among other things, that the Department may register such name after the air carrier gives 

notification to similarly named air carriers of the proposed use of the name. In this case, Alaska 

Central notified A.C.E. Flyers, Inc. d/b/a Jayhawk Air (“A.C.E Flyers”), a helicopter charter 

company based in Anchorage, Alaska, of its intent to register the trade names “ACE Air” and 

“ACE Air Cargo.” 

On January 26, 2012, A.C.E. Flyers objected to these proposed trade names, arguing that it has 

been registered in the State of Alaska as A.C.E. Flyers, Inc. since 1990, four years prior to 

Alaska Central operating under its corporate name. A.C.E. Flyers anticipates that consumer 

confusion, which the company claims already exists, will increase should the Department grant 

Alaska Central’s request.

On February 29, 2012, Alaska Central responded to A.C.E. Flyer’s objections, arguing that 

A.C.E. Flyer’s assertion that consumer confusion exits is unfounded. In support of its position, 

Alaska Central first notes that A.C.E. Flyers holds out its transportation services and promotes its 

services under the trade name “Jayhawk Air.” Secondly, Alaska Central states that A.C.E.

Flyers only operates short-range, small payload helicopters, while Alaska Central only operates 

long-range, fixed-wing aircraft. Third, Alaska Central argues that when it changed its name in 

1994 to Alaska Central Express from Yutana Airlines, Inc., no action was taken by A.C.E. Flyers 

 

1 See Order 2011-9-14, issued on September 19, 2011.
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until now. Lastly, Alaska Central reiterates its earlier position that the Department’s regulations 

allow air carriers to use minor variations of the name in which its operations authority is issued. 

Section 215.2 of our rules (14 CFR 215.2) states that the responsibility for resolving private 

disputes about the use of similar names lies with the air carriers involved through recourse to the 

trade names statutes and the courts. In our rule, we further state that an air carrier using a name 

that is identical to another air carrier, which is not the case here, may be subject to enforcement 

action for unfair or deceptive practices, as well as potential private law suits. Upon review, we 

believe that the actual trade names of the two airlines, “Jayhawk Air” and the proposed “ACE 

Air” and “ACE Air Cargo” that are held out to the public, are sufficiently distinct so that their 

use is unlikely to lead to public confusion. In this regard, since Alaska Central has complied 

with the requirements of Part 215, we acknowledge the registration of the trade names “ACE 

Air” and “ACE Air Cargo” for its use. 

Dated at Washington, D.C., March 5, 2012

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov.