Viewing post #3077166 by plantladylin

I see that Robert H. McColley's patent for Philodendron 'McColley's Finale' was granted in 2001 and expired in 2019 and now Proven Winners has the plant with their trademark/brand name in their Prismacolor Series with the cultivar name 'Fall Leaves'. So, does that mean when a patent expires someone else can produce that plant and put their Trademark on it, as Proven Winners has done? It appears that a lot of Philodendrons have now been trademarked with the Proven Winners brand and the original cultivar name has changed. This is a list of Philo's in their Prismacolor Series. https://www.provenwinners.com/...

Also, does that mean other companies can also propagate the same plant and put their TM name on it, with an even a different cultivar name? If so, boy is that going to cause a lot more confusion!!