Unless you are using the name of the cultivar that was patented I don't think you will have a problem selling a species name. Al

I want to start a backyard nursery to sell propagated plants. I have played w/ propagating for years, & have learned I can make $ selling them from my home. They must not be patented/trade marked though, but in what is refered to as "public domain" forsytha, burning bush, rhodo's, & red twig dogwood, are the ones I can remember.
And , must have their "legal" names on tag.
I would like a complete list of such plants, house and landscape. Like violets I buy in K-Mart type stores that have no name, or beg from people who have no idea if they had a name or not.
I brought 2 kinds of violet leaves home from Lake Superior, Wi. last summer and they propageted very profusely, one white single petal, the other a double.

Vangy likes to play in the dirt

vangy, any plant you buy from a store etc will have a patent mark on it if it is patented. and i beleive also in catalogs. any thing else is considered public domain as far as i know. If you find a public domain list would you post it for us. I'd like to know too.
A seed or plant catalog company might could answer your question also.

I'm not sure I understand this question. For a complete public domain list to really be complete, it would have to have every cultivar that wasn't patented. You can, of course, grow and sell plants that are trade marked (you just can't use the trade marked name) with no problem. A complete list would be very very very long. It would have to be updated multiple times per day by many groups. There is just no way such a complete list would be feasible. It's hard enough to keep a list for just one genus current. Many organizations that represent interest in a single genus (ie daylilies, roses, etc.) struggle to keep a complete list up to date.

I haven't looked into it, but there is some possiblility that the patent office could furnish a list of patented plants.

Also, if you want this information about a certain plant, google the plant name. Just a little research should tell you if the plant was patented or the plant name was trade marked.

I have been reading up on selling seedlings from my plants as a home based business. Any info on this would be appreciated. Thanks, I hope I can say this here. I am a newbie and have verrrry much to learn. Madjhk

I have found out that to propagate plants from you rback yard nursery, you need to be liscenced by your state. Selling plants not in public domain, patented or trademarked, is illegal and if caught by an agricultural inspector, you can be fined.
I go to another propagation site and learned this

Vangy likes to play in the dirt

Vangy,

Regulations vary from state to state about licensing/certification. It's usually not that big of a deal to meet the requirements. Check with your state Department of Agriculture for specific information.

But, so far as growing and selling plants with trademarked names, it's not illegal. If someone believes this, they are just plain misinformed. A plant cannot be trademarked. Only the trademarked NAME is protected. The plant can still be sold using its correct genus, species, and cultivar name. There aren't any legal issues as long as the trademarked name isn't used, and a genus, species, or real cultivar name cannot be trademarked.

Lastly, there aren't all that many patented plants relatively speaking. The vast majority of plants can be grown and sold without legal issue.

Below is a link where you may start your search for more information about requirements in MI. In your state, a license is required to sell, solicit to sell, or take orders for nursery stock.

Here is a link that might be useful: Michigan Nursery Stock License Information

If a plant is patented you may NOT asexually propagate it without a license from the patent holder. If a plant is just trademarked and not patented you may asexually propagate it, but you can not sell it under the trademarked name unless you have a license from the holder of the trademark. I know because I have a plant that is patented.

Nervous

Here is a link that might be useful: Patent office web-site

I've used this site.

Here is a link that might be useful: PatentGenius

Galium, Thanks for the link.

Nervous

Awesome site Galium! Not only does it give Vangy the answer to the original question (all 982,645,371 plants not on the list are public domain), but it's a highly useful site for any patent record. It might even be fun just to look through when you have the time.

If a plant was trademarked to the point where they could fine you it would be clearly noted on the tag, right?

mutts: yes, it would say TM after the name of the variety.