Regulatory and special refusals
Plant Varietal Names — Trademark Office Action Guide
Plant varietal names are generic designations for specific plant cultivars. They cannot be monopolized as trademarks because they must remain available to describe the plant variety.
What the USPTO is saying
Your mark includes a plant varietal name — the official or common name for a cultivated plant variety. Varietal names cannot function as trademarks for the plant itself.
Why this issue is raised
Varietal names identify plant types, similar to generic product names. Growers and sellers must be able to use varietal names descriptively.
How applicants typically overcome it
- Amend the mark to remove the varietal name if seeking to register the name itself.
- Argue the term is used as a brand, not as a varietal designation, with appropriate evidence.
- Register a distinctive brand name separately from the varietal designation.
- Disclaimer the varietal term if used within a larger distinctive mark.
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