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Red Savina™ no more?

Spicegeist

Spicegeist

It looks like the 18 year plant variety protection for the Red Savina has expired:
http://www.ars-grin....l?pvpno=9200255

I'm curious about this as I've noticed these kinds of disclaimers on sites selling this variety:
"Licensed grower of the Red Savina ™ Habanero (PVP 9200255)"

Does this mean anyone can now sell the Red Savina? Did the PVP mean that sellers needed to pay the developer or receive written permission before selling it or using the name?
 
I think it is the name that is trademarked. I have seen numerous sites sell the red svina, red sav habanero, etc. I have even seen a site or two use the name red savona. I know that CCN has the disclaimer under the red savina plant and peppers basically saying if you purchase the plant or pepper you consent to not selling the seeds. It can only be used for personal use.

I guess if the TM is done they gotta change it up.
 
Years ago,a nursery worker told me that they had to pay a royalty to whoever to sell red savina plants.
You had to buy the seeds from the owner of the trademark...
It basically made Red Savina too expensive for them to sell except for a special order at what they considered a very high-too high a price.

Talking about a high price.

The nursery got Bhut Jolokia in today.1 inch to 1 1/2 inch sprouts for $4.99.

They tried to get me excited about them having them.

Told then I wasn't interested in any plants for that price that were barley out of their seed shells.

Guy said 7 pots and scorpions are coming in next week-same grower.
A ripoff in my opinion.
That price wouldn't be bad for a bigger start but these were just too small and sad looking.
Plants looked really weak...
 
Wow, they should be at least a foot for that price! Seems silly to trademark a pepper name. Perhaps it's a good idea to keep a strain pure but not for money.
 
I can understand if people want to protect the name for a plant that they put a lot of work into developing. There are people out there for the fun of it, and then there are people out there to make an extra buck... mostly the latter.
 
[sup]tm[/sup] just means trademark, meaning a name you trade with. It means nothing legally unless you have the [sup]®[/sup], meaning registered trademark. Legally anyone can use the [sup]tm[/sup] on anything they want, if it is not a registered trademark. Usually people use the [sup]tm[/sup] until they get the [sup]®[/sup] which is a long process.

Was Red Savina using [sup]tm[/sup] or was it registered[sup]®[/sup]? Just curious.
 
Plant variety protection and plant name trademarks are two separate things. Plant variety protection applies to sexually reproduced plants and permits only the breeder and people he or she licenses to sell the plant and seeds. The trademark is for the name only, not the genetic material. So if the plant variety protection has expired, but the trademark remains intact, then you can sell as many Red Savina plants or seeds as you want without paying any royalties or getting permission, you just can't use the Red Savina name when selling them, you have to call it something else.
 
A plant patent is another thing too. :D Plant patents only apply to asexually reproduced plants (cloning, runners, tissue culture, etc.) which are exact genetic copies.
 
Avon Barksdale said:
A plant patent is another thing too. :D Plant patents only apply to asexually reproduced plants (cloning, runners, tissue culture, etc.) which are exact genetic copies.
Click to expand...

Oh, I didn't know that about plant patents. That makes me feel a bit better about the world, lol.
 
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