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Not Naga Viper But Genuine Testing!

People have been asking what the deal is with the name New Mexico scorpion. Is this just a regular Trinidad scorpion given a new name or is there another reason for the New Mexico in the name?
 
The last batch of Scorpions we grew was in New Mexico. To support the Chile Pepper Institute two sauce makers are going to name their products with that name using these chiles and give money from their sauces to the Chile Pepper Institute. This was decided after someone in the U.S. applied for a Trademark for the name Trinidad Scorpion. So don't be surprised if saucemakers start putting another name attached to the Scorpion to avoid legal action from the person who Trademarked the name Trinidad Scorpion. Would have liked to keep Trinidad name but also want to avoid lawsuits too. I am not involved in this decision but see the reasoning behind it. And if it benefits the Institute that is a good thing as well. Like I said in earlier posts CARDI and Trinidad should have gotten off their butts a few years ago and promoted the superhots by getting the record. Now others will capitalize on the Scorpion and if other names for the Scorpion catch on in marketing Trinidad will benefit less.
 
Anyone who has used name before application of Trademark is grandfathered in. Anyone who creates a product after application for Trademark can be held liable. The Trademark application is for certain categories. In this case it is Sauces and chiles. The chiles I sell, sauces I don't. And it is unlikely the category will be accepted for chiles since it is a species name which nobody can hold claim to. Now plant patent laws like Red Savina are different and it's a 3-5 year process and about $6,000 to do. That is the only way to patent a plant name for seed or plants. Somewhat like a Trademark. But still a plant patent cannot stop someone from selling the chile. And if someone wants to do a Plant Patent for Scorpion they would have to make a new name like Frank Garcia did with Red Savina. So really this whole Trademark thing will only apply to someone making a Trinidad Scorpion sauce. But will not stop them from saying the Trinidad Scorpion is an ingredient in that sauce. Only using it in name of sauce. Does this make sense??
 
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