In its present meaning, the nomen oblitum came into being with the fourth edition (1999) of the International Code of Zoological Nomenclature.
By the same act, the other available name must be declared to be protected under the title nomen protectum.
Some taxonomists have regarded the failure to properly establish the nomen oblitum designation as a way to avoid doing taxonomic research or to retain a preferred name regardless of priority.
When discussing the taxonomy of North American birds, Rea (1983) stated that "...Swainson's [older but disused] name must stand unless it can be demonstrated conclusively to be a nomen oblitum (a game some taxonomists play to avoid their supposed fundamental principle, priority).
"[3] Banks and Browning (1995) responded directly to Rea's strict application of ICZN rules for determining nomina oblita, stating: "We believe that the fundamental obligation of taxonomists is to promote stability, and that the principle of priority is but one way in which this can be effected.