# The Plant Breeders' Rights (Naming and Fees) Regulations 2006, Regulation 3A: Selection of plant variety names: prior rights


(1) This regulation applies for the purposes of regulation 3(2A)(a).
(2) The Controller must not accept the proposed name as suitable if the Controller has been notified of a registered trademark which is identical or similar to the proposed name and which relates to goods which are identical or similar to the plant variety for which the name is proposed, unless the Controller is satisfied that consent of the proprietor of the registered trademark has been obtained.
(3) The proposed name must not be accepted as suitable by the Controller if—
(a) the proposed name contains a protected geographical indication or designation of origin, and
(b) the use of the proposed name would infringe the protection conferred by registration on goods which are identical to or comparable with the plant variety concerned.
(4) In this Regulation—
“registered trademark” means those trademarks registered in the United Kingdom;
“protected geographical indication or designation of origin” means designation of origin or geographical indication registered in the United Kingdom.

---
Source: https://www.legislation.gov.uk/uksi/2006/648/regulation/3A (the official version)
Page: https://openlegislation.uk/plant-breeders-rights-naming-and-fees-regulations-2006/regulation-3A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.