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??