Trademarks

Our KA's® varieties are trademarked in the US, Canada, the EU, Australia, New Zealand, and the UK.

Below are general questions and answers about trademarks.

I am not a seller. I grow your varieties. Are there any limitations on what I can do with the tubers or plants?

No. Buyers of our varieties can grow them, multiply them, trade them, and donate them. They can sell blooms as cut flowers and collect the seeds. These activities do not require a trademark license. Trademarks only affect those who sell tubers, cuttings, or plants of our varieties.

I am a seller. Will there be limitations on what my customers can do with the tubers, cuttings, or plants I sell?

No. Your customers can grow, multiply, trade, and donate our varieties. They can also sell the blooms as cut flowers and collect and grow the seeds. These activities do not require a trademark license, and trademarks only affect those who offer our varieties for sale.

Is something special about your dahlias that makes a trademark possible, or can any breeder do this?

No. All plant breeders have government-granted trademark rights to protect their creative work. Any plant breeder can trademark their work. Many of the plants we see in our local nursery carry a trademark. David Austin Roses are trademarked, and a license is required to sell them. This has not been a common practice in the dahlia community, but it is routine in the rest of the plant world.

Is a trademark the same as a patent? Are your varieties now patented?

No, patents prevent people from growing or propagating varieties without permission. Trademarks allow anyone to grow and propagate our varieties and only regulate sales.

Are there restrictions on regular gardeners or farmer-florists who don't sell tubers, cuttings, or plants?

No. People can grow, multiply, trade, and donate our varieties. They can sell the cut flowers. They can harvest and share or sell seeds. Trademark protections only come into play when someone sells tubers, cuttings, or plants.

Do all your varieties fall under the trademark?

Yes, all our varieties are covered under our trademarks.

If I donate a tuber, cutting, or plant to a dahlia society, does that society need a license to sell or auction them?

Yes. Trademark holders must enforce the trademark across the board. However, we have a special licensing agreement for dahlia societies that doesn't require royalty payments. Dahlia societies can contact us here.

Do trademarks only affect sellers in the United States?

Our varieties are also trademarked in Canada, the European Union, and the UK.

Do you set people's prices for tubers, cuttings, or plants? 

No. We do not set prices. Individual sellers set their prices. 

If I only sell one of your varieties, do I need to get a license?

Yes. Our goal is a level playing field for all sellers. Large or small, those who sell our varieties need a licensing agreement.

I don't have a website. I sell your varieties on Facebook, Instagram, Etsy, eBay, 

or other online services. Do I need to get a license?

Yes. Offering our varieties for sale on any platform in the U.S., Canada, the UK, or the EU without a licensing agreement is a trademark violation.

Is there an upfront fee for trademark licensing?

No, trademark licenses are issued at no cost.

Do I need to sign a licensing agreement every year?

No. One signed agreement is all that is needed. The agreement stays in effect year after year.

I have read online that some farms say they can no longer sell our varieties because of the trademark. 

That is not true. We welcome any large or small farm to sell our varieties with a long-term or temporary license.  Licenses call for a 10% royalty on sales. 

Do dahlia societies have to sign a license? 

We want societies to continue raising funds from donated tubers and plants of our varieties. We have licenses allowing dahlia societies to sell our varieties without royalty payments. If a society receives a donation and 100% of the proceeds go to the society, its society license is enough. If the proceeds from a society sale are split with a donor who receives a financial benefit, the donor will also need a license and pay royalties on the sale portion they receive. 

How do I contact you to sign an agreement so I can sell your varieties?

Please get in touch with us here.