Re: How to refer to trademarked plant names?

**D* E* <d*@provenwinners.com>**

Chris - 

Thanks for bringing this to our attention. Typically, the cultivar name
always following the trademarked or registered name on our site. There was a
manor glitch and it wasn't showing up, but it is now.

Like you mention in your email, the "stupid, nonsensical" cultivar name is
'BHTUN31501' which typically refers to the breeding company and the
selection number of the plant from trials. The cultivar name has now evolved
to be more of an identification tag then a plant name since trademarking and
registering names have come along. You see this with many varieties from
different companies such as:

Endless Summer® The Original - 'Bailmer'
Knock® Out Rose - 'Radrazz'

The reason that the cultivar can not be 'Knock Out' is because it can then
not be trademarked and anyone in the horticulture industry could use that
name. We could have 'Knock Out' Hydrangea and 'Knock Out' Clematis - now
wouldn't that be confusing.

The trademarked and registered plant names are how companies plan to promote
them through advertising. When Diamond Frost® first came out, if all writers
referred to it as 'Inneuphdia' - your readers wouldn't have any idea what
plant it was in relation to the advertising plus when they would go into
garden center looking for it calling it by 'Inneuphdia' neither would the
retailer. Same goes for Endless Summer and Knock Out.

When writing an article, we would prefer that the trademark or register mark
be used (i.e. Pretty Much Picasso? Petunia), but understand that some
publications will not allow this. So in that case refer to it as Petunia
'Pretty Much Picasso'.

Feel free to contact me off-list if you have further questions.

Sincerely,

Danielle
--
Danielle Ernest
PR & Brand Development Coordinator
Proven Winners
1646 16th Avenue NE
Issaquah, WA 98029
Office: 425-677-7764
Mobile: 425-223-2153

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On 6/16/09 12:30 PM, "Christopher P. Lindsey" <topica.com@spamfodder.com>
wrote:

> This may not be an issue for most of you, but I was wondering how you
> deal with cultivar names when the grower only provides a trademarked
> name.
> 
> For example, I've been trying to list Petunia Pretty Much Picasso [TM],
> but Proven Winners has a habit of not listing the actual registered
> cultivar name.
> 
> For example, they list as "Petunia PRETTY MUCH PICASSO [TM] PPAF PBRAF"
> on their Web site at
> 
>    http://www.pwcertified.com/grower/plants/detail.cfm?photoID=9320
> 
> I'm sure it has some stupid nonsensical name like "Petunia 'PPMP12113'"
> or whatever, but unless they share it I would think that growers run
> the risk of diluting their mark.  The trademark filing is at
> 
>    http://tess2.uspto.gov/bin/showfield?f=doc&state=4005:i378cu.2.1
> 
> Is there no way to list these plants based on the Code of Nomenclature
> for Cultivated Plants?  I'm aware of Tony Avent's article about all
> of it (
> 
>    http://www.plantdel.com/Tony/trademark.html
> 
> ), but this seems to go a step further by avoiding the name altogether.
> 
> Finally, is there someplace better that I should be asking these
> questions?  :)  This might be too nitpicky of a subject...
> 
> Thanks,
> 
> Chris
> 
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