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Re: [AZ] patanted azaleas

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  • William C. Miller III
    Hi Dan, The Azalea Society has no involvement with the plant patent process. The only way to get the latest information is to visit the Patent and Trademark
    Message 1 of 19 , Mar 31, 2013
      Hi Dan,

      The Azalea Society has no involvement with the plant patent process.  The only way to get the latest information is to visit the Patent and Trademark Office Web site and to conduct a search for all active plant patents using their search engine:

      http://www.uspto.gov/patents/process/search/

      You can be sure that all of the Encore(R) azaleas have patent protection.

      William C. Miller III
      Bethesda, Maryland
      www.theazaleaworks.com

      Tadeusz Dauksza wrote:
       
      whats in for us to suply that info for you??
       
       

      From: Dan Benton <danbenton@...>
      To: azaleas@yahoogroups.com
      Sent: Saturday, March 30, 2013 1:40 PM
      Subject: [AZ] patanted azaleas
       
      this is from the ASK US page, so please send me a cc
      I am planning to propagate Azaleas and other plants here in Ft. Worth, Texas. Could you supply me a list of patented Azalea varieties so I will not infringe on others patent rights? Thank you - Dan Benton danbenton@...

    • Larry Wallace
      MNIHAR017 is the name ARS, Hirsutum, and IRRC must use. The trademark TM is used for one year or more then it might become a registered trademark (R). At
      Message 2 of 19 , Mar 31, 2013
        MNIHAR017 is the name ARS, Hirsutum, and IRRC must use.  The trademark TM is used for one year or more then it might become a registered trademark (R).  At which time only one person may use it.

        --


        Larry Wallace
        Cincinnati

      • William C. Miller III
        Yes, since the azaleawas patented, that becomes the cultivar name that everyone can/must use. It doesn t help when the cultivar name cannot be pronounced. It
        Message 3 of 19 , Mar 31, 2013
          Yes, since the azalea was patented, that becomes the cultivar name that everyone can/must use.  It doesn't help when the cultivar name cannot be pronounced.

          It does not have to be a registered trademark like Encore(R) with the R in a circle.  Protection is conveyed when it is a (an unregistered trademark)  TM as well.  Also, if memory serves, I don't believe that it's a legal requirement that they have to show the TM --- although I believe they should.

          William C. Miller III
          Bethesda, Maryland
          www.theazaleaworks.com



          Larry Wallace wrote:
           
          MNIHAR017 is the name ARS, Hirsutum, and IRRC must use.  The trademark TM is used for one year or more then it might become a registered trademark (R).  At which time only one person may use it.

          --


          Larry Wallace
          Cincinnati


        • Harold Greer
          How crazy is that? Not saying that you state are crazy, just that the name in the IRRC should be a name can be said. HNIHAR017 is not a name that is usable.
          Message 4 of 19 , Mar 31, 2013

          How crazy is that?  Not saying that you state are crazy, just that the name in the IRRC should be a name can be said.  HNIHAR017 is not a name that is usable.  In the future we are going tell our gardening friends, “come and look at the HNIHAR017 I just planted”.  I don’t think so!  When ‘Peace’ rose was patented it became ‘Peace’ rose when patented and it still is today.

           

          There is such a lack of “common sense” today.  And I include our government, no matter which party you like they all lack that ability.

           

          Harold Greer

           

          From: azaleas@yahoogroups.com [mailto:azaleas@yahoogroups.com] On Behalf Of Larry Wallace
          Sent: Sunday, March 31, 2013 7:01 PM
          To: azaleas
          Subject: Re: [AZ] patanted azaleas

           

           

          MNIHAR017 is the name ARS, Hirsutum, and IRRC must use.  The trademark TM is used for one year or more then it might become a registered trademark (R).  At which time only one person may use it.


          --

           

           

          Larry Wallace

          Cincinnati

           

        • Larry Wallace
          If a company s trademark name becomes recognized by the public as the product itself (i.e. generic), the trademark becomes invalid. Autumn
          Message 5 of 19 , Apr 1, 2013
            "If a company's trademark name becomes recognized by the public as the product itself (i.e. generic), the trademark becomes invalid."


            If Autumn Carnation is not used on any similar product then it becomes generic, like aspirin and almost Kleenex (now various paper products).

            How many Autumn Carnations will we have?


            On Mon, Apr 1, 2013 at 9:06 AM, Ron Rabideau <rhodyrex@...> wrote:
            Group,

            Here is an excellent article on the state of plant names today in
            horticulture by Tony Avent. Tony is owner of Plant Delights Nursery in
            Raleigh, NC and well respected.  Very thought-provoking.
            I think the only way some of this naming nonsense will ever change is for
            a case to go to court, but who in this busness has enough money to do that
            except maybe the guilty parties.

            http://www.plantdelights.com/Trademarks-in-Horticulture/products/534/

            Ron Rabideau
            Rare Find Nursery



            On Mon, 01 Apr 2013 00:18:39 -0500, Harold Greer <hgreer@...>
            wrote:

            > How crazy is that?  Not saying that you state are crazy, just that the
            > name in the IRRC should be a name can be said.  HNIHAR017 is not a name
            > that is usable.  In the future we are going tell our gardening friends,
            > "come and look at the HNIHAR017 I just planted".  I don't think so!
            > When 'Peace' rose was patented it became 'Peace' rose when patented and
            > it still is today.
            >
            >
            > There is such a lack of "common sense" today.  And I include our
            > government, no matter which party you like they all lack that ability.
            >
            >
            > Harold Greer
            >
            >
            > From: azaleas@yahoogroups.com [mailto:azaleas@yahoogroups.com] On Behalf
            > Of Larry Wallace
            > Sent: Sunday, March 31, 2013 7:01 PM
            > To: azaleas
            > Subject: Re: [AZ] patanted azaleas
            >
            >
            >
            > MNIHAR017 is the name ARS, Hirsutum, and IRRC must use.  The trademark
            > TM is used for one year or more then it might become a registered
            > trademark (R).  At which time only one person may use it.
            >
            >


            --
            Ron Rabideau
            Camden, NJ
            Zone 7b


            ------------------------------------

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            --


            Larry Wallace
            Cincinnati

          • Ron Rabideau
            Group, Here is an excellent article on the state of plant names today in horticulture by Tony Avent. Tony is owner of Plant Delights Nursery in Raleigh, NC and
            Message 6 of 19 , Apr 1, 2013
              Group,

              Here is an excellent article on the state of plant names today in
              horticulture by Tony Avent. Tony is owner of Plant Delights Nursery in
              Raleigh, NC and well respected. Very thought-provoking.
              I think the only way some of this naming nonsense will ever change is for
              a case to go to court, but who in this busness has enough money to do that
              except maybe the guilty parties.

              http://www.plantdelights.com/Trademarks-in-Horticulture/products/534/

              Ron Rabideau
              Rare Find Nursery



              On Mon, 01 Apr 2013 00:18:39 -0500, Harold Greer <hgreer@...>
              wrote:

              > How crazy is that? Not saying that you state are crazy, just that the
              > name in the IRRC should be a name can be said. HNIHAR017 is not a name
              > that is usable. In the future we are going tell our gardening friends,
              > "come and look at the HNIHAR017 I just planted". I don't think so!
              > When 'Peace' rose was patented it became 'Peace' rose when patented and
              > it still is today.
              >
              >
              > There is such a lack of "common sense" today. And I include our
              > government, no matter which party you like they all lack that ability.
              >
              >
              > Harold Greer
              >
              >
              > From: azaleas@yahoogroups.com [mailto:azaleas@yahoogroups.com] On Behalf
              > Of Larry Wallace
              > Sent: Sunday, March 31, 2013 7:01 PM
              > To: azaleas
              > Subject: Re: [AZ] patanted azaleas
              >
              >
              >
              > MNIHAR017 is the name ARS, Hirsutum, and IRRC must use. The trademark
              > TM is used for one year or more then it might become a registered
              > trademark (R). At which time only one person may use it.
              >
              >


              --
              Ron Rabideau
              Camden, NJ
              Zone 7b
            • Bill Turk
              great article, well worth the read. btw, my sister works for DOC inside the beltway in the office of patent and trademark or whatever they are called. she
              Message 7 of 19 , Apr 1, 2013
                great article, well worth the read.
                btw, my sister works for DOC inside the beltway in the office of patent and
                trademark or whatever they are called. she states that the plant side of
                their office has been busier than even the tech side in recent years. this
                may by due to biotech, but I am sure the hort industry contributes a great
                deal of job security to the department of commerce.

                -----Original Message-----
                From: azaleas@yahoogroups.com [mailto:azaleas@yahoogroups.com] On Behalf Of
                Ron Rabideau
                Sent: Monday, April 01, 2013 8:07 AM
                To: azaleas@yahoogroups.com
                Subject: Re: [AZ] patanted azaleas

                Group,

                Here is an excellent article on the state of plant names today in
                horticulture by Tony Avent. Tony is owner of Plant Delights Nursery in
                Raleigh, NC and well respected. Very thought-provoking.
                I think the only way some of this naming nonsense will ever change is for a
                case to go to court, but who in this busness has enough money to do that
                except maybe the guilty parties.

                http://www.plantdelights.com/Trademarks-in-Horticulture/products/534/

                Ron Rabideau
                Rare Find Nursery



                On Mon, 01 Apr 2013 00:18:39 -0500, Harold Greer <hgreer@...>
                wrote:

                > How crazy is that? Not saying that you state are crazy, just that the
                > name in the IRRC should be a name can be said. HNIHAR017 is not a
                > name that is usable. In the future we are going tell our gardening
                > friends, "come and look at the HNIHAR017 I just planted". I don't think
                so!
                > When 'Peace' rose was patented it became 'Peace' rose when patented
                > and it still is today.
                >
                >
                > There is such a lack of "common sense" today. And I include our
                > government, no matter which party you like they all lack that ability.
                >
                >
                > Harold Greer
                >
                >
                > From: azaleas@yahoogroups.com [mailto:azaleas@yahoogroups.com] On
                > Behalf Of Larry Wallace
                > Sent: Sunday, March 31, 2013 7:01 PM
                > To: azaleas
                > Subject: Re: [AZ] patanted azaleas
                >
                >
                >
                > MNIHAR017 is the name ARS, Hirsutum, and IRRC must use. The trademark
                > TM is used for one year or more then it might become a registered
                > trademark (R). At which time only one person may use it.
                >
                >


                --
                Ron Rabideau
                Camden, NJ
                Zone 7b


                ------------------------------------

                When you reply to an email, PLEASE quote its relevant part(s) only, as
                context, and DELETE the rest - especially this line and the Yahoo lines.
                And PLEASE tell us your city, state and/or USDA zone.

                We welcome attached images RESIZED to be under 100KB in size - 640 x 480
                pixel JPEG images at 50% or 1:40 compression are ideal. By attaching them
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                Azalea Society websites.

                To unsubscribe, send an email to: azaleas-unsubscribe@yahoogroups.com

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              • Larry Wallace
                European Patent to laugh at. Method of breeding azalea EP 1652424 A1 ABSTRACT It is intended to provide a method of constructing an azalea plant whereby a gene
                Message 8 of 19 , Apr 1, 2013
                  European Patent to laugh at.

                  Method of breeding azalea
                  EP 1652424 A1
                  ABSTRACT

                  It is intended to provide a method of constructing an azalea plant whereby a gene relating to evergreen characteristics can be transferred into a deciduous azalea plant, a gene relating to heat tolerance can be transferred into a heat-intolerant azalea plant, or a gene relating to ever-blooming characteristics can be transferred into a one season blooming azalea plant. A gene relating to evergreen characteristics can be transferred into a deciduous azalea plant by crossing a deciduous azalea plant with an evergreen azalea plant. A gene relating to heat tolerance can be transferred into a heat-intolerant azalea plant by crossing a heat-intolerant azalea plant with a heat-intolerant azalea plant. A gene relating to ever-blooming characteristics can be transferred into a one season blooming azalea plant by crossing a one season blooming gene with an ever-blooming azalea plant.



                  On Mon, Apr 1, 2013 at 10:10 AM, Bill Turk <farmerturk@...> wrote:
                   

                  great article, well worth the read.
                  btw, my sister works for DOC inside the beltway in the office of patent and
                  trademark or whatever they are called. she states that the plant side of
                  their office has been busier than even the tech side in recent years. this
                  may by due to biotech, but I am sure the hort industry contributes a great
                  deal of job security to the department of commerce.



                  -----Original Message-----
                  From: azaleas@yahoogroups.com [mailto:azaleas@yahoogroups.com] On Behalf Of
                  Ron Rabideau
                  Sent: Monday, April 01, 2013 8:07 AM
                  To: azaleas@yahoogroups.com
                  Subject: Re: [AZ] patanted azaleas

                  Group,

                  Here is an excellent article on the state of plant names today in
                  horticulture by Tony Avent. Tony is owner of Plant Delights Nursery in
                  Raleigh, NC and well respected. Very thought-provoking.
                  I think the only way some of this naming nonsense will ever change is for a
                  case to go to court, but who in this busness has enough money to do that
                  except maybe the guilty parties.

                  http://www.plantdelights.com/Trademarks-in-Horticulture/products/534/

                  Ron Rabideau
                  Rare Find Nursery

                  On Mon, 01 Apr 2013 00:18:39 -0500, Harold Greer <hgreer@...>
                  wrote:

                  > How crazy is that? Not saying that you state are crazy, just that the
                  > name in the IRRC should be a name can be said. HNIHAR017 is not a
                  > name that is usable. In the future we are going tell our gardening
                  > friends, "come and look at the HNIHAR017 I just planted". I don't think
                  so!
                  > When 'Peace' rose was patented it became 'Peace' rose when patented
                  > and it still is today.
                  >
                  >
                  > There is such a lack of "common sense" today. And I include our
                  > government, no matter which party you like they all lack that ability.
                  >
                  >
                  > Harold Greer
                  >
                  >
                  > From: azaleas@yahoogroups.com [mailto:azaleas@yahoogroups.com] On
                  > Behalf Of Larry Wallace
                  > Sent: Sunday, March 31, 2013 7:01 PM
                  > To: azaleas
                  > Subject: Re: [AZ] patanted azaleas
                  >
                  >
                  >
                  > MNIHAR017 is the name ARS, Hirsutum, and IRRC must use. The trademark
                  > TM is used for one year or more then it might become a registered
                  > trademark (R). At which time only one person may use it.
                  >
                  >

                  --
                  Ron Rabideau
                  Camden, NJ
                  Zone 7b

                  ------------------------------------

                  When you reply to an email, PLEASE quote its relevant part(s) only, as
                  context, and DELETE the rest - especially this line and the Yahoo lines.
                  And PLEASE tell us your city, state and/or USDA zone.

                  We welcome attached images RESIZED to be under 100KB in size - 640 x 480
                  pixel JPEG images at 50% or 1:40 compression are ideal. By attaching them
                  you agree that, without giving up your rights to them, they may be shown on
                  Azalea Society websites.

                  To unsubscribe, send an email to: azaleas-unsubscribe@yahoogroups.com

                  Yahoo! Groups Links




                  --


                  Larry Wallace
                  Cincinnati

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