October Glory is a registered trademark. US Plant Patent 2116 (1961), granted to William Flemer III of Princeton nursery. Don't know about Canada.
If this plant patent was granted in 1961 it would seem to have now expired You can read all about plant patents here : http://www.plantpatent.com/ (look under Frequently Asked Questions)
Don't know current status of that aspect either. Don't think Princeton nursery web site shows patent number in their listing. Do remember they show October Glory as a registered trademark.
