Regulation 3G Selection of plant variety names: liability to mislead or cause confusionF1

(1)

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

(2)

The Controller must not accept a proposed name as suitable, on the ground that it is liable to mislead or cause confusion, if he considers that—

(a)

it conveys the false impression that the variety has a particular characteristic or value;

(b)

it conveys the false impression that the variety is related to, or derived from, another specific variety;

(c)

it refers to a specific characteristic or value in a way which conveys the false impression that only that variety possesses it, when other varieties of the same species may possess the same characteristic or value;

(d)

by reason of its similarity to a well-known trading name other than a registered trademark or variety denomination, it suggests that the variety is another variety, or conveys a false impression concerning the identity of the applicant, the person responsible for the maintenance of the variety or the breeder;

(e)

it consists of or contains—

(i)

comparatives or superlatives;

(ii)

the botanical or common names of species within the group either of agricultural plants species or vegetable species to which the variety belongs;

(iii)

the name of a natural or legal person, or a reference to such a name, so as to convey a false impression concerning the identity of the applicant, the person responsible for the maintenance of the variety or the breeder;

(f)

it includes a geographical name that would be likely to deceive the public as to the characteristics or the value of the variety.

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)