Can I Trademark a Plant?

No.

Plants cannot be trademarked—though you may be able to patent them in certain circumstances. Trademarks are designed to help consumers identify the origin of goods and services on the market, so they only apply to things like names, logos, and slogans companies use in their branding and marketing. As a result, you cannot trademark the plant itself.

That said, there is a possibility you may be able to trademark a unique plant’s name or logo if you’re using that name as part of the brand image to sell the plant to the public. However, keep in mind that the name cannot be generic or merely descriptive, and you’ll want to stay away from the scientific name for the plant as well. As far as the logo goes, it can certainly feature the look of the plant, but just keep in mind that trademarking the logo will not trademark the plant itself.

If you are in the plant business and have developed a new species, contact us today to speak with trademark attorney Eric Norton to discuss the possibility of trademarking the plant’s name or logo.

Trademark Registration by Norton Law Corporation

Personal Service

All work for our clients is personally done by trademark attorney Eric Norton. No paralegals. No secretaries. No associates.

Flat Fees

Our trademark registration services are just one flat fee (plus the applicable government filing fees) so you always know what you’re getting up front.

Easy as Pie

You tell us what to trademark, provide us proof of use (or your intent to use), and we do the rest so you can get back to running your business in no time.

Have a Question? Call us at 1-714-760-9289.

or