Plant Database forum: Trademarks...again

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Name: Evan
Pioneer Valley south, MA, USA (Zone 6a)
Charter ATP Member Plant Database Moderator Forum moderator Aroids Irises Celebrating Gardening: 2015
I was one of the first 300 contributors to the plant database! Tropicals Foliage Fan Bulbs Hummingbirder Lover of wildlife (Black bear badge)
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eclayne
Aug 14, 2013 8:56 AM CST

Plants Admin

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 ™.
Evan
Name: Dave Whitinger
Jacksonville, Texas (Zone 8b)
Charter ATP Member Region: Texas Master Gardener: Texas Permaculture Raises cows I was one of the first 300 contributors to the plant database!
Garden Ideas: Master Level Beekeeper Garden Sages Avid Green Pages Reviewer Celebrating Gardening: 2015 Plant Identifier
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dave
Aug 14, 2013 9:29 AM CST

Garden.org Admin

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!
Name: Evan
Pioneer Valley south, MA, USA (Zone 6a)
Charter ATP Member Plant Database Moderator Forum moderator Aroids Irises Celebrating Gardening: 2015
I was one of the first 300 contributors to the plant database! Tropicals Foliage Fan Bulbs Hummingbirder Lover of wildlife (Black bear badge)
Image
eclayne
Aug 14, 2013 10:06 AM CST

Plants Admin

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.
Evan
Name: Dave Whitinger
Jacksonville, Texas (Zone 8b)
Charter ATP Member Region: Texas Master Gardener: Texas Permaculture Raises cows I was one of the first 300 contributors to the plant database!
Garden Ideas: Master Level Beekeeper Garden Sages Avid Green Pages Reviewer Celebrating Gardening: 2015 Plant Identifier
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dave
Aug 14, 2013 10:08 AM CST

Garden.org Admin

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.
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
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Horntoad
Aug 14, 2013 2:12 PM CST
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/view/BrowsePdfServlet?objectId=...
wildflowersoftexas.com
texasnatureonline.com


Name: Evan
Pioneer Valley south, MA, USA (Zone 6a)
Charter ATP Member Plant Database Moderator Forum moderator Aroids Irises Celebrating Gardening: 2015
I was one of the first 300 contributors to the plant database! Tropicals Foliage Fan Bulbs Hummingbirder Lover of wildlife (Black bear badge)
Image
eclayne
Aug 14, 2013 2:21 PM CST

Plants Admin

Jay, your link takes me to a blank page.

This is the link to USPTO I had. http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=....

How do the dates match?
Evan
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
Image
Horntoad
Aug 14, 2013 2:26 PM CST
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
texasnatureonline.com


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