Re: TM vs USPP#

**G* R* <g*@tiscali.co.uk>**

Goodness... I go out to work on extending the 
deer fence and when I come back I find this 
wonderful flurry of emails!

Sorry I didn't follow up Nan's request but 
Danielle and John have done a good job in the 
meantime - even allowing for the difficulties of 
using symbols in emails.

I look at it all in this way: what we're all 
trying to do is make clear to our readers - in 
the same way that nurseries are trying to make it 
clear to their customers - exactly which plant 
we're talking about.

Danielle is right that (in the US at least) many 
people will understand perfectly well what is 
meant by Black Lace? Sambucus or Black Lace? 
Elderberry (with or without the ?) especially as 
it's the only one of its type - so far. However, 
the correct citation of the name, according to 
the international rules, is Sambucus nigra Black 
Lace? ('Eva') or Elderberry Black Lace? ('Eva'). 
The trademarked name or trade designation should 
be in a different typeface and the correct 
cultivar name should always be there too.

[I should say that when the next cut-leaved, 
purple-leaved elder comes along (with more 
flowers, more dramatically dissected folaige, 
more dwarf, more upright or whatever...) it may 
not be so simple as they will all tend to be 
called Black Lace - we'll end up with something 
like Midnight Frills? Black Lace Elderberry ('New 
Cultivar Name'). Aspirin was once a trademarked 
name; now, when some people say aspirin, they 
mean aspirin while others mean ibuprofen or, 
sometimes in the UK, paracetemol.

Anyway... Getting all this right may not seem a 
big deal to a newspaper in, e.g., North Dakota, 
this week - though it's clear that writers 
everywhere continue the battle with their editors 
about styling names properly: more power to you! 
However, now that anything anyone writes, even 
here on this list, is international in its reach 
it's important to be clear so that everyone knows 
what we're talking about. The fact that 
propagation by tissue culture allows new plants 
to be shipped around the world so easily and 
quickly only re-inforces the necessity for us all 
(in the US, UK, Australia, Holland, Thailand - 
where, for example, I know I have readers of my 
blog) to cite plant names in the same way - 
that's why there are International rules. And 
although my original quotes came from the RHS, 
they reflect the international rules.

The crucial element is always to cite the 
scientific name (e.g. Sambucus nigra), styled in 
the appropriate way, together with the cultivar 
name, 'Eva' - which remains valid across the 
whole world. In markets where it has been 
registered, Black Lace? is also, clearly, a 
crucial part of the name.

Applying the correct name to a plant is so 
fundamental to everything we do that I'm really 
pleased that the subject has prompted this 
exchange. And plant labels are now often so large 
that whatever the "headline" name may say there 
will always be space for the correct citation to 
be given. Now we just need people to give up 
other confusing practises: giving existing 
cultivars new names, coining their own common 
names, using scientific names that have been 
invalid for fifty years, raising clonal cultivars 
from seed and giving all the varying offspring 
the original clonal name, citing names as ?  when 
they've not been trademarked at all, coining 
their own translations for cvs named in other 
languages - and more.

Well, we can but try.

Graham Rice
http://transatlanticplantsman.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,
>
>
>
>Subscribe to the PLANT HUNTER blog - Click on one of the logos below to add
>it to your home page:
>
>		 Add to My AOL	 Add to Google
>  Or Click here to have it sent via email
>
>  .
>
>
>
>
>
>
>-----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.]
>>
>>
>
>_______________________________________________
>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
>&quot;Gardenwriters on Gardening&quot; &lt;gwl-g@lists.ibiblio.org&gt;
>
>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
>&quot;Gardenwriters on Gardening&quot; &lt;gwl-g@lists.ibiblio.org&gt;
>
>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
&quot;Gardenwriters on Gardening&quot; &lt;gwl-g@lists.ibiblio.org&gt;

For GWL website and Wiki, go to
http://www.ibiblio.org/gardenwriters