I need to clarify: 1) The cultivar name never changes once accepted; 2) a plant can be trademarked without being patented. Patenting costs a lot; trademarking doesn't. We can't assume that a plant is patented just because it has a trademark; 3) a plant can be patented without having a trademark.
Genus: Nandina
Species: domestica
Cultivar Name: 'Murasaki' PERMANENT, regardless of patent or trademarking now or in the future
Patent is with cultivar name: US #21391 (20 years for 'Murasaki')
Trade Name: Flirt™ (10 years, renewable indefininately)
Genus: Philodendron
Species: (None - okay under naming conventions as long as there's a cultivar)
Cultivar: 'Winterbourn'
Patent: Expired (1988-2008)
Trade Name: Xanadu™ (still extant - but what a mess
http://www.smgrowers.com/produ...)
Genus: Tecoma
Species: stans
Cultivar: 'Lonsp'
Trade Name: Gold Star (but even the person who discovered the plant calls is 'Gold Star'
So, yep, it's become utter confusion and maddening as we try to sort out what the plant really is.
