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So you are saying that if a plant is published with the name Aloe xyz, and the name xyz is listed as a trademark, then this would also make it the cultivar name if published correctly. - No, not at all. The cultivar name is the cultivar name. Agave x 'Blue Glow' will always be known as that.
But if the name was given a cultivar name ..... and then given a trademark name by someone else later, then the plant could have two names?
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Read the clip below I took from Tony's article. The same could apply to any group of plants. Using the Roses example from Tony's synopsis, let's say someone markets a bunch of Aloe hybrids under the the trademark group of Blush® Aloes. The cultivars could be 'Pink Blush', 'Blue Blush', 'Blushing Bride', etc. So one cultivar might be sold as Aloe x 'Blushing Bride' "Blush® Aloes". At least that's how I read it. Of course I'm no lawyer, and I don't even play one on TV.
This use of trademarks as secondary "pseudo-cultivar" names for a particular plants violates both the spirit of the Nomenclature Code, as well as US trademark law. Trademark law clearly states if a trademark name becomes the common use (generic) name of a particular item, then the trademark becomes invalidated. Trademark lawyers have long advised nurseries to write the cultivar name in single quotes and smaller type and then the trademark name without single quotes in larger type. In their minds, this keeps their trademark valid. Nurseries are also told by their trademark lawyers as long as they enforce their trademarks, by making sure the cultivar name is always included with the trademark name, their trademarks would remain valid. This bizarre thinking, however, defeats the entire reason for improperly using trademarks, which is to trick the public into thinking the trademark name is the generic name of the product. It is this intentional deceit that will one day bring the Federal Trade Commission onto the horticultural scene.
A properly used trademark would be one such as Star® Roses, which is used to market a large group of roses under a single umbrella trademark. This trademark would have remained valid if they had not then began using their trademark to also market individual cultivars such as Rosa 'Wezaprt' as Bronze Star™ Rose and Rosa 'Wezlavn' as Silver Star® Rose.