# The Plant Breeders' Rights (Naming and Fees) Regulations 2006, Regulation 3G: Selection of plant variety names: liability to mislead or cause confusion


(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.

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