This topic came up in the rose forums, but I expect someone in this forum will have more accurate information.
I know it's ok to propagate and sell roses whose patents have expired. But even though the patent is expired, the rose name is still trademarked. Does that trademark restrict me from calling my roses by their original names, or does it just mean if I were to breed a new rose I can't use that particular name on the new rose?
The thinking in the rose forums is that I have to change the names of the roses I sell. But that doesn't make sense to me. Why would you give genetically identical plants different names? The only purpose that would serve is to confuse the buyer into thinking he is getting a new plant when in fact he is not.
People don't care what a plant's name is. All they care about is getting those genes.