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Re: examples of trademark name or registered names


I say all this is well and good, but it's really difficult to get 
publications to follow the preferred way of showing scientific names 
-- Italics, or plant cultivars in single quotes. Many don't want to 
use the scientific names let alone the name in Italics. Each pub's 
style seems to have it's own notion of how that should be done. At 
the top of every garden article I file, I put this header:

Editor - this is the (article slug) for (date). Scientific names are 
in Italics; cultivar names have single quotes.

I've found many publications will follow this for text, but when it 
comes to cutlines, it becomes more difficult because of the various 
ways, or styles, publications do cutlines. We also seem to run into 
resistance to all the trademark (TM) or (R) symbols and the multiple 
names for the same plant (Radcor/KnockOut, etc.)

I opt to give the readers what they need to find the plant, the 
scientific name and the marketed name...Wine and Roses, KnockOut, but 
without the 'real' name of the cultivar, Radcor or Verweig.

jems

>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,
>
>
>
>-----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.]
>  >>>
>
>

-- 
Jo Ellen Meyers Sharp
Garden writer, author, photographer
Region III Director Garden Writers Association
Phone: (317) 251.3261
Fax: (317) 251.8545
E-mail: hoosiergardener@sbcglobal.net
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