Re: TM vs USPP#

**"* P* L* <t*@spamfodder.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. 

Hi Danielle,

   Thanks for the confirmation!  This is what I suspected, and although
   I don't plan to sell any self-propagated plants, but knowing that
   I can freely share a division with my Mom or girlfriend without
   giving the name ("Here, have a piece of this cool pink-fruited
   coralberry") is helpful.  

> 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.

   This is one of my pet peeves in garden writing, so I'm happy to see
   it mentioned here.  In a little more detail:

      The genus should always be italicized
      The genus should always be capitalized
      The specific epithet should always be italicized
      The variety, forma, or subsp. should always be italicized
      The words 'var.', 'formap', or 'subsp' should NOT be italicized
      The cultivar should always be capitalized and in single quotes
      Trademarked names and symbols should not be italicized

   When listing a trademarked plant, I prefer to use the cultivar name
   as per the International Code of Botanical Nomenclature, but list
   the trademarked plant paranthetically.  This ensures that a plant
   will always be properly addressed if a trademark is challenged or
   becomes invalidated.  For example:

      Cotinus coggygria 'Ancot' PP#13,082 (Golden Spirit [TM])
      Hypericum 'Cfflpc-1' PPAF (Blue Velvet [TM])

   In cases where the cultivar name is the same as the trademarked name,
   the trademark designation is inserted in between:

      Petunia 'Supertunia [TM] Silver'

   And sometimes they just muck things up by using a trademarked name that
   isn't even necessary, like

      Echinacea Big Sky [TM] 'Sunrise' PP#16,235

   The name should really be Echinacea 'Sunrise' PP#16,235 since Big Sky
   [TM] refers to their whole product line, but I try to be nice and
   give them the advertising that they paid for with the trademark name.

> 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. 

   How does one get on this list?  

Chris

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