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Re: examples of trademark name or registered names


This is taken directly from Conard Pyle's website:

 The Rainbow Knock OutR Rose (Rosa 'Radcor')

'Radcor' is the cultivar name for this variety not 'Rainbow'

We feel that the trademarked or registered name should also go before the
genus or common name because consumers will refer to it as Black Lace or My
Monet and typically not even use the genus when asking for it. 


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 1:38 PM
To: Garden Writers -- GWL -- The Garden Writers Forum
Subject: Re: [GWL] 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 OutR Roses
> Knock OutR '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 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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>>
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>>
>> 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

_______________________________________________
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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



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