Trademarks are among the most valuable assets of any business, including those in the plant cultivation industry. For nurseries, farms, and other plant-growing businesses, a trademark can offer significant legal and commercial advantages by distinguishing their offerings in a competitive marketplace.
What Is a Trademark?
A trademark can be any word, phrase, symbol, design, or combination thereof that identifies the source of goods or services. Trademark protection gives the owner the exclusive right (within certain limits) to use the mark in connection with the goods or services it represents.
Trademark vs. Cultivar or Varietal Names
In the context of plant varieties, cultivar and varietal names (such as “Red Delicious” for apples) are not eligible for trademark protection. These names are considered generic descriptors used to identify a type of plant and must remain available for public use.
However, brand names associated with a cultivar or the source of a plant may be eligible for trademark protection. For instance, while any grower can produce mandarin oranges of a certain variety, only the trademark owner of “Cuties®” can market its fruit under that brand name, helping the brand command a premium in the market.
Benefits of Trademark Protection for Plant Businesses
A strong trademark protection strategy includes:
- Selecting a distinctive and protectable trademark
- Registering the trademark with the U.S. Patent and Trademark Office (USPTO)
- Building consumer recognition and goodwill
- Enforcing trademark rights against potential infringers
Federal and State Trademark Protection
Trademarks are protected in the U.S. at both the federal and state levels:
- Federal protection is governed by the Lanham Act (15 U.S.C. §§ 1051 et seq.), administered by the USPTO.
- State protection is available through common law and sometimes by state statute.
Unregistered trademarks (also known as common law trademarks) arise through use in commerce. These rights are geographically limited and harder to enforce. By contrast, federally registered trademarks provide more robust and expansive protection.
Advantages of Federal Trademark Registration
Federal registration of a trademark offers several key benefits:
- Legal presumption of validity and ownership
- Nationwide priority rights
- Eligibility to sue in federal court
- Access to statutory damages for infringement
- Use of the ® symbol
- Incontestability after five years of continuous use
- Eligibility for international trademark filings
The USPTO also allows intent-to-use trademark applications, which enable businesses to reserve rights in a trademark they plan to use in the future.
Why Trademarks Matter for Cultivators, Nurseries, and Seed Businesses
For businesses that sell plants, fruits, seeds, or vegetables, a trademark for plant varieties or branded cultivars helps differentiate their offerings from those of competitors. Trademarks can convey:
- Higher quality or consistency
- Brand recognition and consumer trust
- Commercial value tied to exclusivity and goodwill
For example, a seed bank may sell a popular cannabis or hemp strain under a unique brand name, encouraging customers to seek out the branded product rather than a generic equivalent. Similarly, a nursery could trademark its business name or consumer-facing brand identity to build long-term value.
Get Help with Trademark Protection for Plant Varieties
If you’re a grower, cultivator, nursery, or plant breeder looking to develop and protect trademark rights, the experienced intellectual property attorneys at Rogoway Law Group can help.
Contact us today to learn more about trademark protection strategies that safeguard your plant varieties and build long-term brand value.
