Re: TM vs USPP#

**N* S* <T*@plantsoup.com>**

I am glad this came up as I am often confused about how to site a  
plant that has a cultivar name and a trademark name.  Graham, can you  
give us some examples of how these plants are to be correctly sited?

Nan

On Jun 13, 2007, at 9:39 AM, Graham Rice wrote:

> John is right...
>
> And here is a summary, from the Introductory
> pages of the latest RHS PlantFinder, which sums
> up the sitation in relation to Trade
> Designations, often referred to as "selling
> names". I've added the note on translations of
> cultivar names, as this is also of interest to
> garden writers.
>
> It should be noted that the "propagation
> prohibited" statements appearing on tags seem to
> be changing from "Propagation for sale
> prohibited" to "Propagation prohibited". I'm not
> sure that the latter point can be enforced as
> this would prevent gardeners splitting a
> perennial in two!
>
> A plant that is sold under a trademarked name can
> also be sold under its cultivar name (without the
> TM name). A PBR plant cannot be propagated
> without a license, but when the PBR on a plant
> runs out (as it has done on some excellent
> Alstroemeria hybrids - NB Chris?) then anyone can
> propagate and sell it.
>
> BTW I think this discussion has a definite place
> on this mailing list, as garden writers
> (especially those with no formal botanical or
> horticultural background) may be unaware of the
> international rules which govern all this.
>
>
> TRADE DESIGNATIONS
> A trade designation is the name used to market a
> plant when the cultivar name is considered unsuitable
> for selling purposes. It is styled in a different
> typeface and without single quotation marks.
> In the case of Plant Breeders' Rights it is a
> legal requirement for the cultivar name to appear
> with the trade designation on a label at the point
> of sale. Most plants are sold under only one trade
> designation, but some, especially roses, are sold
> under a number of names, particularly when
> cultivars are introduced from other countries.
> Usually, the correct cultivar name is the only way
> to ensure that the same plant is not bought
> unwittingly under two or more different trade
> designations. The RHS Plant Finder follows the
> recommendations of the ICNCP when dealing
> with trade designations and PBR. These are always
> to quote the cultivar name and trade designation
> together and to style the trade designation in a
> different typeface, without single quotation marks.
>
> TRANSLATIONS
> When a cultivar name is translated from the
> language of first publication, the translation is
> regarded as a trade designation and styled
> accordingly. We endeavour to recognise the original
> cultivar name in every case and to give an English
> translation where it is in general use.
>
> [This material is ©RHS, but as they are keen to
> have accurate summaries of the situation widely
> disseminated, I'm sure they'll have no objection
> to my posting it here.]
>
>

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