1. Nurserymen's Names
2. Trademarks
These are those names given in catalogues such as Latin terms rubra, alba,
variegata, selecta, etc which have not been described under the botanist's
ICBN rules. Names such as 'Best Clone', 'Giant form', etc are not much use
either because they only refer to the nurseryman's own stock. To be properly
identified they should either be correctly described or given Cultivar names
and registered.
In some countries, plants are marketed using trademarks. Such marks are the
intellectual property of a person or some corporate body and are not therefore
freely available for any person to use; consequently they cannot be considered
as Cultivar names. In other words you cannot transfer the name to a cutting or
offset. The name is intended for a one-use only. The details of such names are
not submitted to the various Registrars (ICRA) by the relevant bodies to save
possible embarrassment of duplicate names for a completely different plant.
DO NOT confuse these with plant patents or Plant breeding rights where the
name can be transferred to cuttings or offsets. The problem arises if you want
to sell such a plant where you must ascertain if the rights are current. Let
the Seller beware! Here again the authorities do not advise the relevant ICRA
although the Cultivar name is usually in accordance with the ICNCP Code and
is generally picked up from other sources.