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| I was looking through the Palatine site. They have stopped shipping for this year, but I wanted to see what they offer.
I was surprised to see the symbol TM after nearly every cultivar. Such oldies but goodies as Peace, Chicago Peace and Tropicana had TM after their names? Does this mean what I think it means. That no one else now can sell Gloria Dei under its' more familiar name? I have seen all the above mentioned, as well as Medallian, Flaming Peace, Blue Moon, offered by their familiar names at other nurseries. Can Palatine now sue anyone else who offers Peace for sale as Peace? |
Follow-Up Postings:
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| If true, I'd be surprised. Palatine did not originate the name 'Peace,' so I can't see how they could have patented the name.' More likely, they put that in there in the hope that it might scare off some competition. Jeri |
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| I doubt it. Unless I'm mistaken, there is a time limit for you to be able to trademark a name like that. Something like Peace has been in the public domain for over sixty years as a rose name. Someone in the office had a brain malfunction. Plus, it isn't theirs to trademark, it would have been the creator/introducer of the rose and neither of them saw fit to do it. If it were something Palatine created and named, they could trademark it. Years ago, I released my seedling and sought to call it "Annie Laurie", but Heirloom had released a mundane single shrub and trademarked the use of the name, or at least marked at TM in their catalog. So I went back to the lady for whom it was named and asked to include her maiden name, hence Annie Laurie McDowell. Kim |
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| I'll bet they wanted to add TM to specific ones and instead of adding to the few, they made a global change to their catalog so everything is marked TM. Kim |
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- Posted by karl_bapst_rosenut 5a, NW Indiana (rosenut@rosenut.com) on Thu, Mar 22, 12 at 22:29
| A TM after a rose name in a catalog doesn't mean the catalog issuer has trademarked the rose name. It simply means they're acknowledging the fact that a particular rose name is trademarked. According to the US Patent and Trademark Office "The registration is valid as long as you timely file all post registration maintenance documents." Which means the name "Peace" for a rose can still be trademarked protected. Being out of patent, Peace can still be freely propagated and called Peace. No other rose can be called by that name though. |
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