Hopefully, people will send Neil money when they graft his pawpaw wood no matter where they get their scion wood from.
From what I understand is that trademark is totally different from patent. There could ten trademarks for one fruit from different company just wanted to call it different but only one patent from the original breeder. You can graft a trademark fruit without a patent.
You canāt call it that though, Tony. They paid to have it trademarked. For example I graft āMickelsonā Bald cypress but some idiot trademarked it as āShawnee Braveā. I canāt sell it/nor are you supposed to propagate it. @Olpea knows this stuff real well. Iāll step back.
The more names though, the more stress on the consumer. They buy trees and later find out they have duplicates cause idiots do stuff like āprairie seriesā for all the persimmons we already graft with sometimes two names already.
When I bought newly-released cultivars from Adamās County Nursery I had to sign patent/or? trademark? agreement papers that I would not propagate them for myself or share scionwood with others.
Olpea/Mark is up next for me, anyways.
Thank you, Tony.
Dax
Mike,
You know the legal system and maybe you can shed some lights in the trademarks and patents.
This is from Amadio in 2015 patents and trademarks thread
A trademark just means you cant use the trademarked name without permission of the holder of that trademark. It is not a plant patent.
Pink lady is a trademarked name for Cripps Pink apple. Cripps pink is off patent. You can propagate it all you want. But you cant legally call it Pink Lady without permission.
Yeah thatās right trademarks are just for the name and separate from patents. Patents have authority over propagation rights. You are not supposed to propagate a plant patented variety, even if itās for personal use, unless you have permission from the patent holder, or whomever the patent holder assigned the patent to. Generally Once the patent expires, anyone is free to propagate.
Trademarks only have authority over the name/words/phrase trademarked. They never expire as long as the trademark holder defends the trademark and continues to pay the fees.
What can be confusing is that many times a trademarked variety is also a patented variety.
Itās even more confusing when you look at club variety. These make members sign non-propagation agreements which never expire.
As Dax mentioned Adams County is starting to do that with some of their new releases. I had to sign a non-propagation agreement for my last shipment of some trees I got from Adams a couple weeks ago.
@Olpea/ Mark,
In Patersonās pawpaw case.
It means all his pawpaws are patented and trademarked and the patents have not yet expired?
One clarification ā you cannot use a trademarked name in commerce. As long as youāre not selling anything and just talking you can use whatever name you want.
I looked up his big three pawpaws and he filed the patent application for all three in Sept., 2001. So they would expire Sept. of next year.
If he asks that everyone who propagates his pawpaws send him a dollar till then, thatās very generous. Most fruit tree breeders donāt want to mess with backyard growers. They sign contracts, and only with large nurseries which propagate thousands, or millions of trees. Peterson has gone to a lot of work and expense developing these varieties. I donāt know if they are any good, or what problems they have, but if I was going to propagate them before next Sept. of next year, Iād send him the $1/tree fee he asks for.
Hi! My name is Terry. I live in coastal VA. I stumbled across this old post when I was looking for Green River Belle scion wood. I knowās not the right time to harvest it, but was wondering if you could supply some in Feb. ? Thanks in advance. Have you continued to expand your plantings? I have a lot of varieties, but they are all young.
Hi! I stumbled upon this post as I was searching for pawpaw scionwood. I purchased two mature trees but one died so looking to graft my remaining tree. I know Iām really late to this postā¦would greatly appreciate if anyone could offer me some scions. Iād be more than happy to pay for shipping/and fees. Thank you so much!
Hi armyoofda12mnkeys! I am desperately looking for paw paw scionwoods (any variety) to graft my tree. Any chance you could send me someā¦if you still have them available? Iād be more than happy to pay a fee/shipping for them. Thank you soo much!!
Hey @Htmd2021 Hmmm honestly I think they are all gone. Iāll double-check. but if i dontā respond means they are gone.
Any chance you will have scions this year? I have about 20-30 wild paw paw that trees that sprung from nowhere a couple of years ago. Only one has flowered so far, no fruit unfortunately. I wanted to graft some known varieties so I can compare them to whatever I may get from the wild fruit, and from my research I think Shenandoah is my best bet, but I canāt seem to find any scions.
I probably can get you some as Iāll prob prune a few trees. PM me your addr maybe now.
Hi. Would you be willing to share some scion wood. I have some wild paw paws I will graft next year.
If so my address is:
Alan N. Sayre
2457 west bent oak circle
north canton, oh 44720
K ill get back to you once the trees go dormantā¦ I still got fruit on the trees :). Havenāt gotten 1 yet this year, hope they ripen soon.