Discussion:
What is the name of your state? Oregon
I'd like to start selling some of my photographs on the internet under the name "Empire Builder Photography," but I'm not sure if I'd be infringing on any trademarks.
The name "Empire Builder" originated with a passenger train operated by the Great Northern Railroad. Great Northern properties were merged several times into what is today BNSF Railway. BNSF does not operate any passenger trains, although the name is now used on a train operated by Amtrak.
Additionally, I have found a board game company that claims to own the trademark "Empire Builder." I have not, however, found any companies dealing in photography that use this name.
Is it possible for multiple companies to trademark similar names, if they are not in the same business? How can I find out which companies use the name "Empire Builder" and whether or not my adding the word "Photography" would infringe on any of their trademarks?
Thanks.
Answer:
Is it possible for multiple companies to trademark similar names, if they are not in the same business? Generally yes.
How can I find out which companies use the name "Empire Builder" and whether or not my adding the word "Photography" would infringe on any of their trademarks? You can search for federally-registered trademark here:
It's possible that someone may not have a federally-registered mark, but has applied for one, or maybe has a state-registered mark, or is claiming common-law trademark protections (no registration at all). There is really no simple way of determining whether or not these types of marks exist.
A trademark attorney could help you to determine whether or not your name is potentially infringing on anyone's trademarks.
Answer:
This has been a big help. Thanks a lot.