Section 15(4) in The Protection Of Plant Varieties And Farmers’ Rights Act, 2001
(4)A new variety shall not be registered under this Act if the denomination given to such variety—(i)is not capable of identifying such variety; or(ii)consists solely of figures; or(iii)is liable to mislead or to cause confusion concerning the characteristics, value identity of such variety or the identity of breeder of such variety; or(iv)is not different from every denomination which designates a variety of the same botanical species or of a closely related species registered under this Act; or(v)is likely to deceive the public or cause confusion in the public regarding the identity of such variety; or(vi)is likely to hurt the religious sentiments respectively of any class or section of the citizens of India; or(vii)is prohibited for use as a name or emblem for any of the purposes mentioned in section 3 of the Emblems and Names (Protection of Improper Use) Act, 1950 (52 of 1950); or(viii)is comprised of solely or partly of geographical name:Provided that the Registrar may register a variety, the denomination of which comprises solely or partly of a geographical name, if he considers that the use of such denomination in respect of such variety is an honest use under the circumstances of the case.
