Information on Propagating Trademarked or Patented Plants
by Lisa Albert
Trademarked plants may be marked by the symbols - ® and ™. The United States Patent and Trademark Office issue both of these symbols. The first symbol denotes plants with names officially registered and trademarked. The latter means the plant name has been claimed but not officially registered. Trademarks remain in effect for 10 years and may be renewed indefinitely in 10-year increments. Propagation of trademarked plants may be done asexually by taking cuttings. You can use the cultivar name if it has one, provided it isn’t also patented, but federal law prohibits unauthorized use of a trademarked name.
Propagation of patented plants in any way, shape or form without the owner's permission or until the patent term has expired, is strictly prohibited by federal law. Patents are for 17 or 20 years and are not renewable.
by Lisa Albert
Gardening for the Homebrewer: Grow and Process Plants for Making Beer, Wine, Gruit, Cider, Perry, and More
By co-authors Debbie Teashon (Rainy Side Gardeners) and Wendy Tweton
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