Re: TM vs USPP#

**<d*@springmeadownursery.com>**

Spring Meadow Nursery is responsible for all the Proven Winners ColorChoice
introductions. 

This is how we handle the wording for our catalogs and tags. In regards to
Symphoricarpos x doorenbossii 'Kordes' which is marketed and promoted
through advertising as Amethyst(TM) Symphoricarpos or Coral Berry, but is
not patented. It should read on the tag as it does in our catalog: "It is a
violation of state and or federal law to use a trademark without
permission". I will forward this onto our person that is updating our tags
to adjust. 

With a variety that is ppaf, cbraf or patented, the tag would read
"propagation prohibited without a license" and the catalog reads "The
propagation of, and or the sale of plant parts is prohibited without a
license".  So this means that the propagation period is prohibited. 

We feel that the plants should be sited as follows in articles and books:

Black LaceT Sambucus or Elderberry (Sambucus nigra 'Eva')
My MonetT  Weigela (Weigela florida 'Verweig')

The trademarked or registered name should always be used because it is being
promoted to consumers by that name. If a writer, refers to Weigela florida
'Alexandra' a consumer would never know to look for Wine & Roses(R) Weigela.
Also trademarked and registered symbols should always be used because they
can be revoked if not used properly. The trademarked or registered name
should never appear in quotation marks because it loses the importance of
these symbols that way.

The genus and species should always be in italicize (sorry it is not hear my
email is not allowing me to do so). The genus should always be capitalized
and the species lower case.

We are big supporters of giving samples for writer's to trial in their
gardens so that you can express to your readers your actual experiences with
our plants. It troubles me to hear that writers are actually propagating off
of these plants for their friends, even though it clearly states in the
catalog and on tags that propagation is prohibited. Although we can not
track who is doing this or when it is happening it makes me concerned with
who we are sending samples too. We do not condone this behavior and its
promotes irresponsible acts to consumers (your friends) that we are trying
to standardize in the horticultural industry. If everyone just divided and
propagated their own plants, then companies like Spring Meadow, Bailey's,
Terra Nova, etc would not be able to keep their doors open and the search
for new and exciting plants would suffer. We should all be promoting acts
that will help the industry as a whole and by letting consumers know that it
is ok to propagate off of a plant that clearly states not to is very
irresponsible.

Sincerely,

Danielle Smith

Public Relations & Marketing Assistant

Spring Meadow Nursery, Inc.

12601  120th ave.

Grand Haven, MI 49417

800-633-8859 ext 1201

 www.SpringMeadownursery.com,

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-----Original Message-----
From: gardenwriters-bounces@lists.ibiblio.org
[g*@lists.ibiblio.org] On Behalf Of N Sterman
Sent: Wednesday, June 13, 2007 1:14 PM
To: Garden Writers -- GWL -- The Garden Writers Forum
Subject: Re: [GWL] TM vs USPP#

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 CRHS, 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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