Whew, thanks Evan for the link… I've had to sit down too, ponder and do some research.
Short reponse: At least for seeds, I think the series info goes in both places. From what I've read the series is typically treated as part of the cultivar name for seeds.
Essay response:
Trademarks, Registered, Patents and Protection
Dave made an interesting comment in that thread about trademarks requiring a cultivar name. After researching the patent and trademark office website, I discovered that only patents, registered trademarks and Plant Variety Protection Act items require a cultivar or series name. Anyone, literally anyone, can slap a ™ on a product without registering any info w/ the trademark office:
"If you claim rights to use a mark, you may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to your claim of ownership of the mark, regardless of whether you have filed an application with the United States Patent and Trademark Office (USPTO). However, you may only use the federal registration symbol “®” after the USPTO actually registers a mark, and not while an application is pending. You may only use the registration symbol with the mark on or in connection with the goods/services listed in the federal trademark registration."
http://www.uspto.gov/trademark...
Besides, or in additon to registration, seeds can have protection through the Plant Variety Protection Act. PanAm Seeds' info on Echinacea 'PowWow Wild Berry' states: "Protection Information : US7,982,110". That's the ultimate for seeds and allows big time law suits. Yet PanAm is also the breeder of Angelonia Serena series and only chose to slap a TM on it.
What is a cultivar in seed terms
MOBOT lists
Angelonia angustifolia and says "Serena Series cultivars are new introductions that are particularly noteworthy because they may be grown from seed. ‘Serena Lavender’, ‘Serena Lavender Pink’, ‘Serena White’ and ‘Serena Purple’ feature flowers of the color described by the cultivar name." MOBOT ignores the TM completely, but calls each color a cultivar.
So, it sounds as if the series name coupled with each color of a series is typically considered a cultivar, and needs to be entered separately if they're sold separately. I'd have to add Angelonia angustifolia 'Serena™ Lavender' and each of the other colors. Then at the bottom, the Series would be be listed again as Serena™.
That's potentially a lot of data entry as some series have loads of separate colors.
Is there any way to duplicate a plant and details record when only a color name has to be changed?
I had thought that just using "Mix", checking the appropriate colors and noting that colors are sold separately by some seed houses would work, but then I noticed that quite a few series have color names like "Fire" or "Bronze" so they do need to be listed separately.
For any seeds covered by the Plant Variety Protection Act, I'd just add the number in the "Other" field of seed starting.
Sorry for the excess verbiage...
