nil, I appreciate what you are trying to say but my understanding is that a patent expires after the 20 year period and a name trademark is in perpetuity. So for example, I have recently purchased both Cripps Pink AND Pink Lady apples from the grocery store. Same apple (yes they could be different sports as you pointed out, Macintosh has many too) but one seller has paid the royalty for the trademark and one did not and uses the cultivar name instead of the trademark name. It is still illegal for ME or anyone else to sell Cripps Pink as Pink Lady unless you have purchased rights to the trademark (assuming the trademark was kept valid in the USA in my case).
I put a pretty good explanation link on this thread from a nursery that goes over the nuances in detail Beginner Grafting Guide