TM, botanical names, etc

**M* D* <m*@yahoo.com>**

Danielle - 
  Thanks for clarifying a potentially confusing topic. Most of us would not intentionally misidentify a plant - it would denigrate our writing and undermine our readers' respect for our hard work.

  However, editors do not always share our passion for horticultural correctness. The most botched up column I ever saw in print with my pen name on it was the one in which I used all the correct forms - single quotes, italics, caps and lower case. By the time the editors made it look familiar to their eyes, it was suitable for wrapping fish.

  At any rate, we will continue in the battle to assist, support and encourage our readers to purchase plants of good quality that enhance their gardens. It's our passion and keeps us going.

  Martha in Muskogee OK

  1. Re: TM vs USPP# (danielle@springmeadownursery.com)
2. Re: examples of trademark name or registered names
(danielle@springmeadownursery.com)
3. Re: TM vs USPP# (danielle@springmeadownursery.com)
4. Re: TM vs USPP# (Christopher P. Lindsey)

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

Martha Stoodley
  Muskogee Oklahoma
  U.S. Cold hardiness zone 6b/7a

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