pombazaar.com

It has been my goal for the last few years to grow a bunch of different varieties and then sell them at farmers markets and such, allowing people to sample several different kinds. Am I free to sell the fruit of any pomegranate tree I purchase online or at a brick and mortar store? For example, I know Angel Red is a trademarked variety for which farmers must have agreements with the owners of the trademark to grown and sell. But, if I buy an Angel Red at Lowe's (which I did), can I turn around and sell them at a farmer's market, under that name? Or would I have to sell them w/o the name, or can I not sell them at all? Anybody have any experience/knowledge in this area?

It’s a good question. You can always send an email to Monrovia from their website. They respond quickly, I did ask them something in the past.

Like already suggested contact Monrovia, I'd think that selling the trees, would be different than selling the fruit. It's not just the 'Trade Mark' laws, the company with the trademark protection can choose to not take action under certain situations, even if they can. It's best to know their very own rules on this.

I did email Monrovia, the following was their reply:

Thank you for your interest in plants grown by Monrovia. Our online plant library is maintained as a wide source of information for gardeners. Although Angel Red R is a federally registered trademark, you would be permitted to sell the fruit with that name, but not plants. It is a patented plant and the propagation of it is prohibited.

Just wanted to share, in case anybody else was wondering.

Thank you for sharing, great to know!