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Reply to "Northern Pacific.........Airlines?"

Trademarks are not like other forms of 'property'. In the United States, trademark rights continue only so long as the mark is used in commerce.

I am not aware of a litigated case, but I think there is a good argument that companies like BNSF are no longer using a fallen flag name in commerce, at least not in connection with the "railroad transportation services" for which it is registered.

In any case, in June 2021 the airline filed its own trademark applications for "Northern Pacific" in connection with airline transportation services. Under section 2(d) of the Lanham Act, their registration cannot be approved if it would cause confusion with an existing trademark. So the USPTO will have to decide:

  1. Does BNSF still have rights in the "Northern Pacific" mark in connection with railroad transportation services?  (debatable)
  2. If so, would use of the "Northern Pacific" mark for airline transportation services cause confusion with "Northern Pacific" mark for railway transportation services? (much more likely, I think)
Last edited by Professor Chaos

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