Breeders are starting to use trademark protection more to protect their patents after their patents expire. Let’s look at an example.

There’s a very popular apple from Australia called the Pink Lady Apple, or Kripps Pink, if you want the technical name. The patent is more than halfway through its term of 20 years. The patent owner (assignee) is working hard now to establish the trademark Pink Lady so that when the patent “turns into a pumpkin,” he will be able to fend off the competition through brand equity. Perhaps people will want the Pink Lady Apple brand, just as label-conscience consumers buy watches, cars, clothing, and so on.