@v_scarlotte_rose: Marvel has the trademark to the title Icon as it is the name/title of the creator owned imprint like Vertigo is to DC. They don't have the rights to Milestone characters, just the name Icon.
DC led the trademark on Icon lapse and Marvel got the trademark for their Icon imprint that Bendis does Powers with. Bleeding Cool had an article on it from a con where a person asked where is Icon to Didio, and that's basically what they said. So it's for a legal reason.
no a mutate is a genetically engineered human who possesses a latent x-gene (one that would likely be active in their offspring), who's latent mutancy is triggered. The best examples are the Genoshan slave-mutates, and several of the marauders - Vertigo at least for sure.
Spider-Man, the Fantastic Four, Hulk, Ms Marvel, Luke Cage... and most of the others... are all Super-powered Humans. All of whom have had exposure to an toxic agent/chemical/alien energy source, that transformed them into super-human. None of them are mutates. (tho from sources its possible that Reed may have been a potential mutate, if he carries a STILL LATENT x-gene).
A Mutate is a being who acquired a physical characteristic through exposure to one or more mutagenic agents such as chemicals or radiation. Superhumans who were not born with the potential to access their innate superhuman powers are mutates.
Mutates are typically characters that have been somehow genetically mutated in order to attain their superhuman abilities, for example by exposure to radiation or toxic waste, or through the bite of a genetically-engineered insect, et cetera.