Understanding Plant Identity: Varieties, Cultivars, Hybrids, and Legal Protections Explained

What is the Difference Between a Variety, a Cultivar, and a Hybrid?

A plant variety occurs naturally in nature, without any human assistance, and has one or a few noticeable characteristics that set it apart from the parent plant. For example, dwarf boxwood (Buxus sempervirens var. suffruticosa) is a sport (genetic mutation) of a common boxwood (Buxus sempervirens). The dwarf boxwood has similar characteristics to the common boxwood, but instead of being 15 to 30 feet tall like the parent plant, it matures to only 2 to 3 feet tall.

The botanical name for common boxwood is Buxus sempervirens. For a dwarf boxwood variety, the proper spelling would be Buxus sempervirens var. suffruticosa.

The botanical name for common boxwood is Buxus sempervirens. For a dwarf boxwood variety, the proper spelling would be Buxus sempervirens var. suffruticosa.
Barbara H. Smith, ©2024 HGIC, Clemson Extension

A cultivar is a “cultivated variety” specifically selected from genetic mutations or cross-bred by humans and has different characteristics from the parent plant or plants. Cultivar names are based on a plant’s characteristics, after the person who either discovered the plant or bred it, in honor of someone, or where the plant was found or originated.

Professor Sargent camellia cultivar (Camellia japonica ‘Professor Sargent’) was named in honor of Charles Sprague Sargent, the director of Boston’s Arnold Arboretum from 1872 to 1927. The cultivar name would be written with single quotes and not in italics.

Professor Sargent camellia cultivar (Camellia japonica ‘Professor Sargent’) was named in honor of Charles Sprague Sargent, the director of Boston’s Arnold Arboretum from 1872 to 1927. The cultivar name would be written with single quotes and not in italics.
Barbara H. Smith, ©2024 HGIC, Clemson Extension

A hybrid has been created by cross-pollinating two plant species or varieties to improve the desirable traits of the offspring. Dr. Eugene Aromi of Alabama developed Aromi hybrid deciduous azaleas by crossing two different species of native azaleas to create plants that had a greater heat and cold tolerance, along with more intense fragrance and flower colors.

A hybrid is designated with an x. The hybrid azalea, Linda Guy Aromi Azalea’s botanical name would be Rhododendron x ‘Linda Guy’. The x is not in italics.

A hybrid is designated with an x. The hybrid azalea, Linda Guy Aromi Azalea’s botanical name would be Rhododendron x ‘Linda Guy’
Barbara H. Smith, ©2025 HGIC, Clemson Extension

How to Understand Legal Plant Property Protection

There are three legal plant property protection types: plant patents (PP, USPP, or PPAF), plant variety protection (PVP), and trademark or registered plant names (™ or ®).

What It Means When a Plant Is Patented and Why It Matters

A plant patent protects the asexual (from cuttings or divisions) reproduction of a plant for 20 years. For a plant to receive a patent, it must be new and original, with distinctive characteristics, and be propagated asexually. The botanical name will be followed by abbreviations PP (Plant Patent), USPP (US Plant Patent), or PPAF (Plant Patent Applied for), followed by a unique number assigned to the plant.

The Endless Summer® Blushing Bride® Hydrangea (Hydrangea macrophylla ‘Blushing Bride®’PP17169) has both a plant patent (PP) and a registered trademark ®.

The Endless Summer® Blushing Bride® Hydrangea (Hydrangea macrophylla ‘Blushing Bride®’PP17169) has both a plant patent (PP) and a registered trademark ®.
Barbara H. Smith, ©2024 HGIC, Clemson Extension

How Plant Variety Protection (PVP) Safeguards New Seed-Grown Plant Varieties

Plant variety protection (PVP) will protect plants produced by seed or tuber divisions. PVP is used for many vegetable, fruit, or cereal crops grown from seed or specific types of potatoes grown from tubers. PVP protects the breeder or company with a 20- to 25-year protection for controlling the production and sale of seed or tubers. It is similar to a patent but established specifically for developing and breeding new plant varieties. The seed package will have PVP on the front label. Homeowners or commercial producers can purchase and save seed for future use, as long as they do not sell or give it to others without permission from the PVP owner.

Carolina Strongback watermelon (Citrullus vulgaris ‘Carolina Strongback’), a fusarium wilt and root knot nematode resistant watermelon rootstock, was bred and developed cooperatively between the USDA Vegetable Laboratory and Clemson University’s Coastal Research & Education Center in Charleston, SC.

Carolina Strongback watermelon (Citrullus vulgaris ‘Carolina Strongback’), has Plant Variety Protection (PVP outlined in the blue) on the seed package. The Syngenta Group, a global agricultural company, currently holds the license for Carolina Strongback seed and markets the product in more than 20 countries.

Carolina Strongback watermelon (Citrullus vulgaris ‘Carolina Strongback’), has Plant Variety Protection (PVP outlined in the blue) on the seed package. The Syngenta Group, a global agricultural company, currently holds the license for Carolina Strongback seed and markets the product in more than 20 countries.
Photo Courtesy of Syngenta Vegetable Seed

Trademarks and Registered Ownership: Protecting Plant Names and Brands

Trademarks protect the brand name, logo, or types of symbols used in describing a plant, but don’t protect the plant, only the unique name. Trademarked names remain in the owner’s possession as long as they are in continual use, and the trademark is renewed every ten years. When a botanical name has the ™symbol, the trademark is unregistered and is used to claim ownership. As soon as the trademark is registered with the US Patent Office, the ® symbol is used.

The Kimono™ Hydrangea (Hydrangea macrophylla 'Hokomabebos') is trademarked to protect the brand name Kimono.

The Kimono™ Hydrangea (Hydrangea macrophylla ‘Hokomabebos’) is trademarked to protect the brand name Kimono.
Ginger Long, ©2025 HGIC, Clemson Extension

The Heart to Heart® Radiance Caladium (Caladium Heart to Heart® 'Radiance’) is a registered trademark now registered with the US Patent Office.

The Heart to Heart® Radiance Caladium (Caladium Heart to Heart® ‘Radiance’) is a registered trademark now registered with the US Patent Office.
Barbara H. Smith, ©2024 HGIC, Clemson Extension

Resources:

  1. Iowa State University Extension and Outreach All About Scientific Names
    https://yardandgarden.extension.iastate.edu/how-to/all-about-scientific-names
  2. PennState Extension Nomenclature
    https://extension.psu.edu/nomenclature
  3. PennState Extension Understanding Garden Terminology
    https://extension.psu.edu/understanding-garden-terminology

If this document didn’t answer your questions, please contact HGIC at hgic@clemson.edu or 1-888-656-9988.

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