Monday, January 23, 2012

Trade Mark

How we began and why the need of a trademark:

A group of breeders in the State of Washington convened on May 30, 1988 to form a committee for the organization and promotion of the Kinder goat. These same breeders gave this specific cross, Registered Nubian and a Registered Pygmy, the name Kinder. With the guidance of Harvey Considine a Kinder® Breeder Standard was set up. Harvey Considine also made a Score Card specifically for the Kinder® goat. The other crosses of these same breeds done before 1988 did not have a name and were not bred according to the Kinder® Breed Standard, Score Card and not registered with the Kinder® Goat Breeders Association. The crossing of Nubian and Pygmy lines before 1988 had no specific name, being known only as cross bred. This same statement holds true for other crosses done today. The Kinder®goat is a goat that is bred according to the Kinder® Breed Standard and Score card and that can be registered with the  Kinder®Goat Breeders Association. The crosses done in the past and those done today that do not follow the Kinder® Breed Standard and Score Card and cannot be registered with the Kinder® Goat Breeders Association are not Kinder® goats and should not carry the name or be recognized as a Kinder® goat.

Trademark: Kinder® Goat

A trademark offers protection somewhat similar to a copyright. A copyright helps to protect a thought or an idea, while a trademark protects more business specific such as names, symbols and etc. In our case we are talking about a name, Kinder® goat. By trade marking this name we have separated ourselves from other competitors in the market.

You ask why this is needed. There are lots of people that are breeding a Nubian and a Pygmy but not according to our breed standards and score card. They may be breeding an experimental Nubian to a non-registered Pygmy for instance. In this case there would be no way to trace ancestry lines of either breed. Those doing this breeding are calling the off-spring goats and they are not truly Kinder goats. A true Kinder® goat is one that is bred according to our standards and Kinder® score card and registered with the Kinder® Goat Breeders Association.

Many problems have surfaced since the breeding of the Kinder goat in the 1980’s. Animals of unknown origins have been sold to unexpected buyers then that buyer is unable to register those animals with the KGBA because of the unknown origin. Now the buyer is out all the money spent and has no animals that can be registered with the Kinder® Goat Breeders Association. This is a sad situation but nothing the  Kinder®Goat Breeders Association can do.

In order to start your own lines of Kinder goats you must use a Nubian that is either registered with American Dairy Goat Association (ADGA), American Goat Society (AGS), or the Canadian Goat Society (CGS). This Nubian must be a Purebred or full American Nubian. The Pygmy must be registered with National Pygmy Goat Association (NPGA), American Goat Society (AGS), or the Canadian Goat Society (CGS). The crossing of these two registered breeds results in a first generation Kinder. After this initial breeding the Kinder is bred within their own breed. All Kinder® goats are registered with the Kinder®Goat Breeders Association.

Copies of the Nubian registration papers and the Pygmy registration papers are sent along with the application of this first generation animal where they are recorded and kept on file. In this way the breeder and the buyer can trace the ancestry of those animals. All registration applications, pictures, transfers and etc. are kept on file in the KGBA data base.

It is because of unscrupulous sellers just looking to make a dollar that it was felt we must protect our name as well as buyers, by trade marking the Kinder goat name. Now these people can no longer legally use the name Kinder goat to sell their animals.

It should be understood that by trade marking the name, Kinder® goat, that the Kinder®Goat Breeders Association has no legal right of ownership to your Kinder® goats. It is not the commodity (the goat) that is trademarked but the name only.