Regulation 3B Selection of plant variety names: appellation or codesF1

(1)

This regulation applies for the purposes of regulation 3(2A)(b).

(2)

If a proposed name is not in the form of a code, the Controller must not accept it as suitable, on the grounds that it may commonly cause its users difficulties as regards recognition or reproduction, if it—

(a)

consists of a single letter;

(b)

consists of, or contains as a separate element, a series of letters not forming a word readily pronounceable by a person who speaks only English;

(c)

contains a number;

(d)

consists of three or more words or elements, unless the words taken together make it easily recognisable or reproducible;

(e)

consists of or contains an excessively long word or element;

(f)

contains a punctuation mark or other symbol, an upper and lower case mixture, subscript or superscript, or a design.

(3)

If a proposed name is in the form of a code, the Controller must not accept it as suitable, on the ground that it may commonly cause its users difficulties as regards recognition or reproduction, if it—

(a)

consists of a number or numbers only;

(b)

consists of a single letter;

(c)

contains more than ten letters, or letters and numbers;

(d)

contains more than four alternating groups of a letter or letters and a number or numbers;

(e)

contains a punctuation mark or other symbol, subscript, superscript or a design.

Annotations

Textual amendments

F1: Regs. 3A-3G inserted (31.12.2020) by The Plant Breeders' Rights (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/204), regs. 1(1), 19(6) (as amended by S.I. 2019/1220, regs. 1(2)(b), 8(7)); 2020 c. 1, Sch. 5 para. 1(1)