Trade mark

Trademark law means that the name of the rose is protected as a trademark. Think big brands such as Shell and Coca Cola.

 

If a rose is a protected by a trademark, the holder of it has the right to prohibit the rose from being sold under that name. However, someone else could sell the rose under a different name.

 

If it looks like a rose will be successful, the breeder invents a name. That name is "trademarked" or protected. But in this case only the name is protected and not the plant itself.  The trademark always last for a period of 10 years and can be renewed.

 

Protecting only the name of the rose is the reason that some roses on the market exist under different names. The original owner, the breeder, of course does not like this and in such cases the second or third names are also usually trademarked.

 

Bierkreek usually lists several names the rose is sold under to avoid confusion. Additionally we always pay the royalties to make sure the breeders are compensated and receive what they rightly deserve.

 

However, there are some companies that “create” a new name for a successful rose and then release it under that name before the breeder realizes it. By then it’s too late for the breeder because the train has already left the station.