Pawpaw plants listed for retail sale in the U.S. c. 5/2022

wansevwan is the correct cultivar name, not shenandoah. Depending on the publication you’re targeting they might be more or less strict about this, but anyone involved in the nursery trade should be up-to-date on correct trademark use. see this for more info:

“Plant Patenting: A Public Fruit Breeder’s Assessment” James N. Moore 1991

page 4, emphasis mine-

Trademarking is a form of proprietary protection indicating source or origin. Unlike a plant patent, which excludes others from propagating a plant cultivar for 17 years, the life of a trademark can be indefinite. Today we are seeing more and more trademarks used in the marketing of fruit cultivars. Trademarks have been misunderstood and, in some cases misused, leading to confusion in the nursery trade (Darke, 1991). A trademark is intended to indicate origin or source of a plant cultivar and cannot be the name of the cultivar. For this reason, nursery catalogs may use a trademark for marketing purposes, while clearly listing the proper cultivar name. For example, Stark Bros. catalog lists Starkspur® UltraMacTM (Dewar cultivar) apples, thus presenting both a trademark and a cultivar name. When the plant patent expires on this apple after 17 years, Stark Bros. will have no control over the propagation and sale of the Dewar cultivar, but they will still have legal right to exclude others from using the trademark Starkspur® or UltraMacTM to market any fruit tree variety. To fruit breeders and nurseries, a strong valid trademark is an increasingly important marketing mechanism, particularly after the patent has expired and the plant can be propagated freely by every one (Elliott, 1991). Confusion in the use of trademarks for plant cultivars is created when trademark names are made to appear as cultivar names, sometimes even being enclosed in single quotes, generally interpreted as a cultivar name (Darke, 1991). When a trademark is used in the marketing of a single cultivar, the trademark always should be used in association with the cultivar name (Elliott, 1991). A second problem occurs when trademarks that were used previously as well-established cultivar names are used (Darke, 1991). A good review of the use and misuse of trademarks in plant property rights was published recently by Elliott (1991)."

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I believe that “wansevwan” is in use by black market sellers who wish to avoid cease-and-desist letters for trademark violation.

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Probably stating the obvious for some, but the only place “wansevwan” shows up is on Neal’s patent filings, as far as i know (excepting possible black market sellers).

No one in the general public or public-facing nursery industry refers to any of Neal’s selections by the patent names. There are a couple other strange names he gave for at least 2 of his other varieties. I don’t remember them and don’t feel like looking it up :slight_smile:

Not sure the point of the arguments about “wansevwan.” Yes, it’s another name for Shenandoah but who cares? No one needs to truly know that to buy, grow, or enjoy a Shenandoah.


I’ll do it! :smile:

Levfiv is Susquehanna and Aidfievate is Rappahannock. All 3 had their patents expire in September of last year, though for Levfiv it says there was an adjusted expiration for June 12 of this year.


Hahaha thanks!


Richard, I’m trying to help you write a more accurate article, which is why I think you opened this thread. A trademark cannot be the name of a cultivar, so if you refer to a variety only by its trademark, you’re forgetting the cultivar name. I don’t think this has to do with “black market” anything.

Here are few more from my notes:

KSU 8-2 Pawpaw (marketed under the KSU-Atwood ™ brand)
KSU 7-5 Pawpaw (marketed under the KSU-Benson ™ brand)
KSU 4-1 Pawpaw (marketed under the KSU-Chappell ™ brand)

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I appreciate your desire to help. People see the world differently and alternate viewpoints are sometimes very helpful.

I started this thread to learn more about “cultivars in circulation” - the definition of which I’ve borrowed from my experience with APS, ASHS, and MacMillan. Your insistence that “a trademark cannot be the name of a cultivar” does not follow the convention of these publishers. For example, see Pawpaw in

at least in the world of pawpaws it seems to me we’re too far down the path of calling pawpaws by the names given to them by their selectors.
I have seen with persimmons where this could be confusing because different nurseries call the same cultivar different names (for example, Claypool selections).
But this is not the case - yet - with pawpaws. If one insisted on only using patent names or number references, he wouldn’t get very far.

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Here is a list of licensed retail nurseries that have stocked the above plants in the past year. Most are now out of stock and a few are expecting more inventory next month:

Cricket Hill Garden
Elmore Roots Nursery
England’s Orchard
Hidden Springs Nursery
Just Fruits and Exotics
Kiefer Nursery, NC
Nash Nurseries
One Green World
Peaceful Heritage Nursery
Perfect Circle Farm
Raintree Nursery
Red Fern Farm
Restoring Eden
Tollgate Gardens

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I’m not giving an “alternative viewpoint” - it’s an objective fact that trademarks can’t be variety names under US law. I gave you an ASHS article as a starting point if you want to research this. You’re right that publishing standards don’t commonly require the use of variety names vs. brands - you’d be able to show me examples of lax use all day if you wanted - so it’s probably a good plan to write your article however it makes sense to you.

Then you’d better take it up with the USDA since they use trademark names for the labels of cultivars at USDA ARS NCGR repositories.

Richard, you’re going to be able to “whatabout” this essentially forever, by citing nurseries, institutions, papers, and so on as you have done. we all know that there’s imprecise usage of names throughout the industry. that’s the point I’m making - current usage is imprecise and in many cases wrong. I think I understand your position though, which is that you want to write your article to match norms and fit in with this imprecise usage so that it’s most useful to readers, and that makes sense to me.

to your point, are you claiming that usda has a specific legal opinion or policy on whether trademarks can be names, that is responsive to the ashs article and uspto reference that I cited? what do you think it is?

The folks who maintain the USDA plant registry lists tell me you have misinterpreted the patent code. Specifically, the wording means that you cannot use a trademarked name to register a patent.

Richard, your USDA contacts are confused about this article, it’s part of a manual for trademark examiners (not patent examiners). It’s not part of the patent code. Patents are only mentioned in terms of the patent name being just one example of a name that shouldn’t be trademarked, because cultivar names are used in patents.

I’ll give some key excerpts from the article, but it’s pretty short, it’s worth a read and is probably the simplest and most authoritative explanation we’re going to find:

  • “Varietal or cultivar names are designations given to cultivated varieties or subspecies of live plants or agricultural seeds. They amount to the generic name of the plant or seed by which such variety is known to the U.S. consumer”
  • “If the examining attorney determines that wording sought to be registered as a mark for live plants… comprises a varietal or cultivar name, then the examining attorney must refuse registration”
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I’m sorry you feel harassed, but, I’m not harassing you.



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I saw nothing wrong with how you phased things!

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Maybe someone will tell you how they got it and who is the originator of Asimina Prima 1216. I heard they took seeds from Sunflower.

Hello Everyone,
Admins have agreed to delete negative comments against fellow forum members. If any of you have previous grudges against one another, please take them somewhere else.

Please be respectful and refrain from personal attacks. We are here to share experience and knowledge.


Originated at Domenico Montanari’s farm, Faenza, Italy. Asimina Triloba cultivar ‘Prima (Stellar performer), 1216’. Sourced from Corwin Davis Pawpaw seed.