Re: dogwood scientific vs trademark name


In a message dated 6/26/00 10:18:52 AM Central Daylight Time, osthill@htc.net 
writes:

> I am looking for the scientific name of Cornus florida Cherokee Daybreak TM.
>  Can anyone help?  
>  

Hi Lisa!

Cornus florida is, of course, the scientific name for the state flower of 
Missouri, the lovely native dogwood that is commonly called flowering 
dogwood. 

The Cornus florida cultivar 'Cherokee Daybreak' was a commercial nursery 
introduction.  As far as I know, the fact that someone has trademarked a 
cultivar name should not change the rule of scientific nomenclature that says 
a cultivar name is written with single quotes around it, or alternatively, 
with the insertion of cv. before the name. Thus, the scientific name is: 
Cornus florida 'Cherokee Daybreak' or Cornus florida cv. Cherokee Daybreak.  

I must say I do often see the names of trademarked plants labeled without the 
single quotes around the cultivar name.  Perhaps our patent laws allow the 
use of the TM mark without the quotation marks. If there is anyone on the 
list who has trademarked a plant, I would be interested in hearing if this is 
the case.  

Nonetheless, Michael Dirr lists this plant in his manual as Cornus florida 
'Cherokee Daybreak' and I'm willing to accept him, and not the U.S. Patent 
office as the authority.  ;>) --Janis






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