Plant Patents and Trademarks

Discussion in 'Plants: Nomenclature and Taxonomy' started by Ron B, Nov 27, 2021.

  1. Ron B

    Ron B Paragon of Plants 10 Years

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    Putting a TM after the word Nanaimo did not secure any ownership rights to the involved genetic material. Or even the name itself. This commercial site explains the system: Plant Patents & Trademarks (fbts.com)

    A plant trademark is a legal right to a monopoly on a name or symbol affiliated with a particular plant cultivar, but not to the plant itself. Owners apply to the U.S. Patent and Trademark Office (USPTO) for ownership of the name and may keep reapplying every ten years. If a plant has a registered trademark but is not patented, you can sell the plant using its cultivar name. However, it is possible you may not be allowed to sell it using its registered trademark name.

    The symbol used to signify a grower's intent to trademark a plant name with the USPTO is the superscript "TM" following the trademarked name. This symbol doesn't give the owner of the name legal rights to the name. To obtain a monopoly on the name, the grower needs to apply for a registered trademark, which is symbolized by the superscript "®" following the name.
     
    Daniel Mosquin likes this.

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