[Market-farming] Variety Labelling Issues

Shepherd Ogden shepogden at yahoo.com
Wed Feb 18 12:41:52 EST 2004


I am now back at my office and can post the links I mentioned yesterday.

From: http://www.ams.usda.gov/lsg/seed/SummerFall03.pdf

This is in a news story referring to the Federal Seed Act.

"Section 201.34(d)(2) states that the name of a new variety shall be the
name given by the originator or discoverer of the variety and if the
originator or discoverer of the
new unnamed variety chooses not to name the variety, the name of the variety
shall be the first
name under which the seed is introduced into United States commerce. Once a
variety is
named, that name cannot be changed and must be used for that variety for as
long as it is in
existence."
[...]
"Section 201.36b(e) of the FSA Regulations refers to advertising and
includes the sentence, 'Seed shall not be advertised under a trademark or
brand name in any manner that may create the impression that the trademark
or brand name is a variety name.'"

Information about naming varieties can be found on the SRTB website at

http://www.ams.usda.gov/lsg/seed.htm

See also:

http://www.ams.usda.gov/lsg/seed/facts.htm

Which includes this passage:  If a brand or trademark name is part of a
variety's name, that trademark loses status. Anyone marketing the variety
under its name is required to use the exact, legal variety name, including
brand or trademark.

For instance, say Ajax Seed Company uses "Ajax Deluxe" as a brand or
trademark for its line of vegetable seed. If the Ajax people introduce a new
tomato variety named "Ajax Deluxe Cherry," they can't retain exclusive
rights to that name. If John Doe Seed Company later makes an interstate
shipment of seed of this same variety, it must be labeled as "Ajax Deluxe
Cherry." Think of "Burpee's Golden Beet" and, as mentioned "Gilfeather
Turnip."

Shepherd Ogden




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