May I use the names of trees such as:
Flavor King
Flavor Queen
etc.
to sell?
Dax
If they arent trademarked or copy righted.
I see Flavor King is trademarked. And Turkey/anyone refresh my memory… are trademarks forever? There is no other 1st name on the patent for Flavor King… so am I plain out of luck?
Example: ‘Starking Delicious’ plum the first name associated with it is Prunus salicina ‘Johnson’. So, I can sell the plant as ‘Johnson’.
Dax
despite the ® on the website I do not believe either of those are Registered trademarks. they should be simply ™. although they are likely miss using ® witch is a violation of trademark laws and would likely lead to the invalidations of ® if they simply slapped ™ after the name it would have the weight of law behind it registered or not.
The simplest way to convey to your customers that what your selling is Flavor King/Queen etc might be to use the classic. Compare to Flavor King ™ and mention that this tree is covered under patent number #### Thats how we often figure out which random big box store pulot is a rename.
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I thought about doing that… using the patent number idea just as you described.
Thanks a lot for the other information, too.
Dax
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Dax,
If you call it FlavorKing making it one word… does that make a difference?
Pretty good idea. I may have to go with that. We’ll see what @lordkiwi says. I’m not versed in this law stuff.
Thanks, Bob.
Dax
Which for Flavor King and Queen is expired.
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No you cannot just remove the space in the naming to make the naming legal. Well, technically you can try but risk being sued so it may be better to just come up with a different name. You can propagate trademarked material assexually even without a license but you cannot sell it under the same name/identity under trademark. A trademarked plant can be sold under a different identity without a license. Patented material cannot be propagated asexually without a license.
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Since DWN is wholesale I kinda doubt they trade marked the name. And their site mentions the patents are expired. They did trade mark the word Pluot though!
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