Hi Clint. It is very confusing to say the least. The way this ARS-USDA release reads, it is open to propagation and all they ask is that if you release a new cultivar, Ebony series be included in the parentage.
http://www.ars.usda.gov/SP2Use...
Again, I think that is going to become a real problem in the future. I can say that the genetic material for the Ebony series has been deposited in the National Plant Germplasm System and is available for research. But having said that, I think the answer to your question is going to be yes, you can, but you could only trademark a name, you would not be able to patent the plant.
