That all makes sense to me. So, for example, since Arctic Sun has been trademarked for the Cornus species, there cannot be a future daylily or rose also called Arctic Sun? On the other hand, if a daylily cultivar is untrademarked 'Lonesome Dove,' an iris could also use that same cultivar? When searching by cultivar, I often notice that a specific name might be used for several different plants.
I have also noticed that occasionally I will buy a plant which includes some language on the tag that it is not allowed to be propagated, and I assume these must be copyrighted cultivars. I further assume this means one can't propagate for sale, but certainly one can divide or take cuttings from the plant for one's own use? Or perhaps that is simply my wishful interpretation of that warning...
Plant politics...as slippery as real politics...!
