Trade marked Strains

[grod31]

Can someone please school me a bit on how one goes about trade marking genes?
Or are they just trade makerking a specific name? Assuming you are not re creating that strain under the same name than surely the genetics are free to use. Especially if they are like "g13" or other random unknown lineage.

 

[El Timbo]

A trade mark is the graphics used to represent a company - like

If I produced a soft drink and called it Cola Coca and used the same writing - I would probably get a letter from their lawyers. I think you're thinking of a patent - which is used to protect new inventions. Most cannabis lovers are not in favour of people trying to own genetics.

 

[GMT]

2 ways, create an individual clone using any technique other than classical breeding, get it DNA sequenced, and patent that clone for a novel usage. Or create a line that is identifiable as different to every other line out there, and that breeds true for that thing for 3 generations. You'll have to pay to have it grown and recorded, but then you get some sort of breeders rights. It can't have ever been offered for sale though prior to them being granted. If granted, then that line is yours, for a certain period of time. Can't remember where you send it, I did the research but don't even remember the thread it was in. One of Sam's I think talking about patents, gw pharma, and their guenevere (sp?) Clone.

 

[PetePrice]

Plant patents, trademarks, and PBR: Let’s discuss facts (part 1)

In fact is this is one very odd thread.

www.icmag.com

 

[grod31]

thanks all
I fed the info from that link to Chat GPT and asked the same basic question.-

"To answer your initial question more clearly, the legality of using patented or trademarked genes to breed a new lineage involves multiple factors:

1. Plant Patents: A plant patent protects a specific plant genotype. It restricts others from asexually reproducing, selling, or using the patented plant. However, a sport or mutant of a patented plant may not be of the same genotype and could be separately patentable.
2. Plant Variety Protection Certificates (PVPC): These provide protection for new, distinct, uniform, and stable varieties of sexually reproducing plants. They limit reproduction rights, excluding others from reproducing, producing hybrids, or importing/exporting the protected variety.
3. Utility Patents: Utility patents cover various aspects of plant inventions, including plants, seeds, plant varieties, and methods of producing or using plants. They provide broader protection and last for 17 years.
4. Trademarks: Trademarking a plant protects its name, not the plant variety itself. It helps in associating a variety with a company name but doesn't restrict the propagation of the plant itself.
5. Cannabis Plant Patents: The USPTO grants patents for drug cannabis plants, but it's essential to follow specific guidelines and requirements.

Based on this information, the restrictions or permissions regarding using patented or trademarked genes for breeding depend on the type of protection (plant patent, PVPC, utility patent, or trademark) and the particular circumstances or characteristics of the plants involved.

 

[GMT]

Remember that these things are only enforceable in the territories they are granted in. You have to do it separately in each country you want protection in. Those listed above would appear to cover America, different in u.k. and different again in each legal jurisdiction. Frankly, I can't imagine the cost being worth the reward .

 

[420PyRoS]

Yeah it's not worth it imo. Expanding on the above, Ppl like me are always changing/smoking different stuff. There's no real loyalty from my perspective to any specific type of weed/plant. Maybe a niche market sure, but is that going to be worth the cost when the hype eventually fades on their product?

With the range of flower I enjoy, theirs would be infinitesimal to what's available to choose from.

It would have to be some absolute standout I suppose.

 

[mr.brunch]

The world is full of liars and predators. Be careful. Wise heads stay underground ALWAYS.

Never a truer word spoken

 

[xtsho]

You can't trademark a cannabis strain in the United States. I don't know about other countries.




You cannot register your trademark for marijuana products with the U.S. Patent and Trademark Office. Trademark law prohibits the registration of products that cannot be lawfully sold across state lines in the United States. In the case of marijuana (and products derived from it), the U.S. government prohibits the sale across state lines under the Controlled Substances Act.

The CSA prohibits, among other things, manufacturing, distributing, dispensing, or possessing certain controlled substances, including marijuana and any material or preparation containing marijuana. 21 U.S.C. §§812, 841(a)(1), 844(a); see also 21 U.S.C. §802(16) (defining “[marijuana]”). In addition, the CSA makes it unlawful to sell, offer for sale, or use any facility of interstate commerce to transport drug paraphernalia, i.e., “any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under [the CSA].” 21 U.S.C. §863.