Re: How to refer to trademarked plant names?

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

> I understand this, but I see trademarked and registered names being put in
> quotes all the time by publications because they do not want to use the
> symbols for some reason (Heard a number of reasons - makes it to messy).

I think that any writer or publisher who is willing to break the law by
disregarding trademark designations probably doesn't deserve to publish
in the first place.  It's not a matter of style or convenience; this is
a legal requirement to protect a company's brand.  If a magazine can't
follow our legal system then they have no right to publish.

If they publish without the trademark symbol the company holding the
mark threatens to have it diluted, ultimately raising the possibility
that they will lose the mark forever.

Of course, this is where the actual registered cultivar name comes
into play.  If a publisher refuses to use trademark symbols than the
only legal way that they can list a plant is with the cultivar name.
That doesn't really benefit anyone though.  If I read an article 
espousing the virtues of Hypericum 'Cfflpc-1' I'd get a funny look
when I went to a local garden center looking for it and would probably
head home empty-handed.

Summary:  There's no excuse for publishers and writers not to use the
trademark symbols, and if these trademarks aren't protected the company
holding them risks losing them altogether.   But maybe that's worth the
risk if they're only being held for short-term gains (which could be the
case since plant-breeding is a fast-paced, ever-changing industry).

Chris

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