Plant Names NOT on Register
1. Nurserymen's Names
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.
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