Canola industry groups on both sides of the U.S.-Canadian border want to trademark the name "Biola" for canola-based biodiesel fuel. They insist it's not a border battle, but more a lack of communication.

The matter could come down to which group asked first - and even that's not clear.

The Bismarck-based Northern Canola Growers Association late last year got a state trademark for the name and applied for a U.S. trademark. Early this year, the Winnipeg, Manitoba-based Canola Council of Canada also submitted an application to the U.S. Patent and Trademark Office.

"As far as we knew (the Northern Canola Growers) were doing it for their state, so we just made sure (the Biola name) was safe everywhere in North America," said Diane Wreford, a spokeswoman for the Canadian group. "We're not trying to compete with them or outdo them in any way. We just stepped in to make sure it's protected."

Wreford said the Canola Council of Canada wants to ensure that other commodity groups, such as those representing soybeans and corn, do not trademark the name Biola. Soybeans and corn also can be used to make biodiesel.

Barry Coleman, Northern Canola Growers director, initially was not aware of the application by the Canola Council of Canada when the Associated Press asked about it.

"We'd probably prefer to have us holding (the trademark)," Coleman said later, after speaking with Wreford, though he added that a joint U.S. trademark might be an option.

The Canola Council of Canada is seeking to trademark only the name while the Northern Canola Growers has spent $4,500 developing a logo that includes the words "Biola Fuels," a drop of oil, and a phrase about canola biodiesel being the fuel of the future.

Sharon Marsh, a deputy commissioner with the U.S. Patent and Trademark Office, said it is possible for two groups to jointly hold a trademark. In instances in which more than one group seeks the same trademark, typically the group that prevails is the one who "was first in line," she said.

The Northern Canola Growers thought its online trademark application had been made late last year, before the Canadian group's application. Coleman said the group discovered recently that its application did not go through so it was resubmitted - exactly one month after the Canadian group's. However, Coleman said his group publicly introduced the Biola name at a forum in Minot in mid-December - weeks before the Canadian group's request.

Coleman said Wreford assured him that the Canola Council of Canada was not trying to "one-up us." He said the matter is not likely to harm the relationship between the two groups, which have worked together to promote canola oil for food and fuel.

Wreford said the Canola Council of Canada began talking about the Biola concept last year, and then discovered what the Northern Canola Growers was doing.

"Our lawyers came back and said, 'The Northern Canola Growers has applied for something that's very limited, should we just go ahead and protect (the name) for the whole of North America?'" Wreford said. "So we said, 'Sure.'"

Wreford said it was coincidence that both groups had the same trademarking idea and also came up with the same name.