After a plant's patent expires, anyone can propagate and
sell it, which might explain why some plants carry both
a patent and a trademark. Once the patent expires, if
the breeder has developed brand recognition for the plant's
trademarked name, others can freely propagate Helianthus
annuus 'Shimmer', but they cannot call it Golden Sparkles™.
So if you are looking for a specific plant, ignore
its trademark names. Instead, find out the plant's formal
name - including its two-part scientific name and the
registered cultivar name, which is supposed to be a
recognizable word but can be something like 'Hy-FKR25'
- and look for that instead.
And if you are thinking of propagating 1,000 of this
year's hot, new, patented plants for your local plant
sale fundraiser, you'll want to reconsider.
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