Section 8 in The Protection Of Plant Varieties And Farmers' Rights Regulations, 2006
8. The manner in which a single and distinct denomination shall be assigned by the Applicant
.-(1) The denomination that is proposed for a variety in terms of section 18 of the Act shall-(a)be suitable to identify the variety;(b)be expressed by means of letters or combination of letters and figures in Hindi or English;(c)not to be such as to be mislead or to lead to confusion concerning the characteristics, value or identity of the variety in question or the identity of the breeder thereof;(d)be different from each denomination which designates existing varieties of the same or a closely related species registered under this Act, in a convention country or an agreement country, or not likely to create confusion in the public regarding identity of the variety;(e)not be identical with or similar to or liable to lead to confusion with a mark which enjoys the protection accorded thereto by the Trade Marks Act, 1999 (47 of 1999) and which applies to propagating material or the use in connection there with or in connection with a product thereof;(f)not be inimical to public order or contrary to morality;(g)be the same in all convention countries or agreement countries;(h)not generally comprise of solely or partly of geographical name;(i)be not prohibited for use as a name or emblem for any purpose mentioned in section 3 of the Emblems and Names (Protection of Improper Use) Act, 1950 (52 of 1950).(2)Notwithstanding anything to the contrary contained in these regulations-(a)when a variety is advertised, offered for sale or marketed, it shall be permitted to associate a trademark, trade name or other similar indication with a registered variety denomination after informing the Registrar in writing;(b)a trademark, trade name or other similar indication referred to in clause (a) of section 4 above shall not be used alone without the registered variety denomination and also without the prior information to the Registrar.
