The proper way for a breeder to name a new cultivar is to follow a different code - the International Code of Nomenclature for Cultivated Plants, which aims for worldwide consistency in naming new varieties - and register the new cultivar name, e.g., 'Shimmer'. There is, however, no legal requirement to do this and even if it is done, it does not give the breeder exclusive rights to use the registered name. In fact, quite the opposite is true - it promotes universal use of that name.

Therefore, to make their products stand out, plant breeders and sellers often include additional trademarked names (brands used to identify the producer or source of a product) on the tags – names that only they can use. In the example given, it is clear that "Lorri's Lovely" is a brand name.

But what about Golden Sparkles™ Sunflower? Golden Sparkles™ sounds like the cultivar name, but it's not. It's another trademark or brand name, even though it doesn't sound like one. This is a good example of the potential confusion that the various nomenclature codes aim to avoid. If you have one Golden Sparkles™ Sunflower and want another, you might overlook another company's 'Shimmer' despite it being the plant you want.

Let's add patents to the mix. A plant patent is very different than a trademark. It is associated with the plant itself, while a trademark is associated with its name or brand.

A patent is essentially legal recognition that a breeder has invested time and money to develop a new plant. It gives him or her the exclusive right to sell or propagate it (unless the breeder gives permission to others via license) for a certain time period, usually 20 years. It is these patented plants whose tags read "asexual propagation prohibited" or "PPAF". It is illegal to divide, take cuttings or otherwise propagate patented plants other than by letting them set seed, which of course will not be true to the parent.

There are, however, no plant police. Hence, the onus is on the patent holder to identify and sue those who infringe. However, the patent holder is unlikely to worry about the home gardener wanting to propagate a second plant from an initial purchase. Rather, the concern is that another grower might propagate and sell thousands of them.