TM vs USPP#

**f*@aol.com**

As I understand it, yes: A trademark protects a name or brand; only a plant patent, or a voluntary agreement, can protect a plant. The "propagation prohibited" statement on a non-patented plant has no teeth unless there is a clause that says something like, By purchasing this plant you agree that you will not reproduce it asexually. 
>From a grower's viewpoint, a trademarked name on a patented plant is the belt-and-suspenders approach. The patent is good for 20 years; a trademark, if policed, is good forever. So after the patent runs out, if the plant is still marketable, anyone can propagate it BUT they still can't sell it by its TM'd name without permission to use that name. This is not the only reason to patent a cultivar under a name that can't even be pronounced, but it's a good one.

I'm not sure if I should ask this question since it's not specifically 
GWL-related, but I haven't had luck on other lists and we have an expert
here...  :)

I've noticed that several Proven Winners plants do not have a plant
patent number or PPAF on the tags or by their names, but they *do* have
a trademark on the name.  The case I'm specifically interested in is
Symphoricarpos x doorenbosii 'Kordes' (Amethyst [TM]).  

Despite not having a patent designation listed, the tags all say
'Propagation prohibited without a license'.  This isn't enforceable,
right?  The only restriction should be on redistribution with the
trademarked name, but reselling as 'Kordes' seems like a valid use
since there is no patent or patent application on the plant.

Does anyone know where I can get a straight answer on this?

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