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nafex - Re: [NAFEX] No Royalty patented stock

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  • From: Michael Dossett <phainopepla@yahoo.com>
  • To: North American Fruit Explorers <nafex@lists.ibiblio.org>
  • Subject: Re: [NAFEX] No Royalty patented stock
  • Date: Mon, 12 Mar 2007 09:11:34 -0700 (PDT)

This is not true. Getting a Trademark only prevents
people from using the trademarked name. Getting a
plant patent gives the patent holder the right to
exclude anyone who is not authorized from propagating
that stock, period. Patents expire after 20 years but
trademarks do not expire as long as the fees are still
paid...

Michael Dossett
Corvallis, Oregon

--- Jim Fruth <jfruth@tds.net> wrote:

> Bill,
> Getting a plant patent only protects the plant's
> name from being used in
> any sale. When nurseries sell plants using their
> own names, they can avoid
> paying royalties for the plants they propagate.
>
> Jim Fruth
> Brambleberry Farm
> Pequot Lakes, MN 56472
> www.bberryfarm.com
> (218)568-8483 [Store]
> (218)831-7018 [My Cell]
>
> The only (minor) problem I've got is that I finally
> realized they use
> different common names for many of their varieties,
> so I'm never
> entirely sure what I'm getting. I've come close to
> buying the same
> variety twice, because Stark Bro's doesn't use the
> same name as everyone
> else. Well, I'm so new at all of this that it's
> surprising I haven't
> really had any big problems at all ... so far. :-)
>
> Bill
>
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Michael Dossett
Corvallis, Oregon
www.Mdossettphoto.com
phainopepla@yahoo.com



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