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Aug 14, 2013 8:56 AM CST
Plants Admin Emeritus
Name: Evan
Pioneer Valley south, MA, USA (Zone 6a)
Charter ATP Member Aroids Irises I was one of the first 300 contributors to the plant database! Tropicals Vermiculture
Foliage Fan Bulbs Hummingbirder Lover of wildlife (Black bear badge) Composter Plant Identifier
African Daisy (Osteospermum Cape Daisy™ Fire Burst), Sakata, even this registered trademark which I find no record of.

What next; Rose™, Daylily™!

I'm tempted to get rid of the ™.
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Aug 14, 2013 9:29 AM CST
Garden.org Admin
Name: Dave Whitinger
Southlake, Texas (Zone 8a)
Region: Texas Seed Starter Vegetable Grower Tomato Heads Vermiculture Garden Research Contributor
Million Pollinator Garden Challenge Charter ATP Member I was one of the first 300 contributors to the plant database! Garden Ideas: Master Level Region: Ukraine Garden Sages
I think this looks okay, Evan. The "Cape Daisy™ osteo" is the series name. Although, I think osteo probably doesn't belong.

Fire Burst is the trade name.

Sakost8433 is the cultivar name.

For once, I feel relieved that a company is actually doing this right!
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Aug 14, 2013 10:06 AM CST
Plants Admin Emeritus
Name: Evan
Pioneer Valley south, MA, USA (Zone 6a)
Charter ATP Member Aroids Irises I was one of the first 300 contributors to the plant database! Tropicals Vermiculture
Foliage Fan Bulbs Hummingbirder Lover of wildlife (Black bear badge) Composter Plant Identifier
My problem is with trademarking Common Names that have been in use forever. I question whether or not this type of trademark can be enforced.
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Aug 14, 2013 10:08 AM CST
Garden.org Admin
Name: Dave Whitinger
Southlake, Texas (Zone 8a)
Region: Texas Seed Starter Vegetable Grower Tomato Heads Vermiculture Garden Research Contributor
Million Pollinator Garden Challenge Charter ATP Member I was one of the first 300 contributors to the plant database! Garden Ideas: Master Level Region: Ukraine Garden Sages
Ahh, I completely missed that part. Right, you can't trademark something like "Cape Daisy". That's a common name. I now share your feelings on the matter.
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Aug 14, 2013 2:12 PM CST
Name: Jay
Nederland, Texas (Zone 9a)
Region: Texas Region: Gulf Coast Charter ATP Member I helped beta test the first seed swap I helped plan and beta test the plant database. I was one of the first 300 contributors to the plant database!
Celebrating Gardening: 2015 Plant Identifier Tip Photographer Garden Sages Garden Ideas: Master Level Hibiscus
I did an online search for this trademark and came up empty. But I did find where the PPAF was rejected just this month. This rejection was not final and could be change if the owner makes proper changes to the application on time.

http://portal.uspto.gov/pair/v...
wildflowersoftexas.com



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Aug 14, 2013 2:21 PM CST
Plants Admin Emeritus
Name: Evan
Pioneer Valley south, MA, USA (Zone 6a)
Charter ATP Member Aroids Irises I was one of the first 300 contributors to the plant database! Tropicals Vermiculture
Foliage Fan Bulbs Hummingbirder Lover of wildlife (Black bear badge) Composter Plant Identifier
Jay, your link takes me to a blank page.

This is the link to USPTO I had. http://appft1.uspto.gov/netacg....

How do the dates match?
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Aug 14, 2013 2:26 PM CST
Name: Jay
Nederland, Texas (Zone 9a)
Region: Texas Region: Gulf Coast Charter ATP Member I helped beta test the first seed swap I helped plan and beta test the plant database. I was one of the first 300 contributors to the plant database!
Celebrating Gardening: 2015 Plant Identifier Tip Photographer Garden Sages Garden Ideas: Master Level Hibiscus
My link takes you to the first page of the document. You should see navigation arrow at the top of the page.
The page should look like this.
Thumb of 2013-08-14/Horntoad/30cdde
wildflowersoftexas.com



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  • Started by: eclayne
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