This is a public-interest archive. Personal data is pseudonymized and retained under
GDPR Article 89.
Re: examples of trademark name or registered names
Thanks Catriona. Am I correct in thinking that Knock Out is the
trademark term, as is My Monet, while 'Rainbow' is a variety name?
On Jun 13, 2007, at 10:28 AM, Catriona Tudor Erler wrote:
> Here are a couple. Many thanks to Danielle Smith of Spring Meadow
> Nursery, Inc. for helping me on this issue.
> Knock Out® Roses
> Knock Out® 'Rainbow'
> Weigela My Monet ^(TM)
> Catriona
>
> N Sterman wrote:
>
>> 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.]
>>>
>>>
>>>
>>>
>>
>> _______________________________________________
>> gardenwriters mailing list
>> gardenwriters@lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/gardenwriters
>>
>> GWL has searchable archives at:
>> http://www.hort.net/lists/gardenwriters
>>
>> Send photos for GWL to gwlphotos@hort.net to be posted
>> at: http://www.hort.net/lists/gwlphotos
>>
>> Post gardening questions/threads to
>> "Gardenwriters on Gardening" <gwl-
>> g@lists.ibiblio.org>
>>
>> For GWL website and Wiki, go to
>> http://www.ibiblio.org/gardenwriters
>>
>>
>>
>>
> _______________________________________________
> gardenwriters mailing list
> gardenwriters@lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/gardenwriters
>
> GWL has searchable archives at:
> http://www.hort.net/lists/gardenwriters
>
> Send photos for GWL to gwlphotos@hort.net to be posted
> at: http://www.hort.net/lists/gwlphotos
>
> Post gardening questions/threads to
> "Gardenwriters on Gardening" <gwl-g@lists.ibiblio.org>
>
> For GWL website and Wiki, go to
> http://www.ibiblio.org/gardenwriters
_______________________________________________
gardenwriters mailing list
gardenwriters@lists.ibiblio.org
http://lists.ibiblio.org/mailman/listinfo/gardenwriters
GWL has searchable archives at:
http://www.hort.net/lists/gardenwriters
Send photos for GWL to gwlphotos@hort.net to be posted
at: http://www.hort.net/lists/gwlphotos
Post gardening questions/threads to
"Gardenwriters on Gardening" <gwl-g@lists.ibiblio.org>
For GWL website and Wiki, go to
http://www.ibiblio.org/gardenwriters
Other Mailing lists |
Author Index |
Date Index |
Subject Index |
Thread Index