Commission Regulation (EC) No 637/2009Show full title

Article 3

1. A variety denomination shall be considered to cause its users difficulties as regards recognition or reproduction in the following cases:

(a) where it is in the form of a ‘fancy name’:

(i)

it consists of a single letter;

(ii)

it consists of, or contains as a separate element, a series of letters not forming a word pronounceable in an official language of the Community; however, where this series is an established abbreviation, such an established abbreviation shall be limited to a maximum of two sets of up to three characters each, located at each end of the denomination;

(iii)

it contains a number, except where this is an integral part of the name, or where this indicates that the variety is or will be one of a numbered series of varieties related through their breeding history;

(iv)

it consists of more than three words or elements, unless the flow of the wording makes it easily recognizable or reproducible;

(v)

it consists of or contains an excessively long word or element;

(vi)

it contains a punctuation mark or other symbol, an upper and lower case mixture (save where the first letter is in upper case and the rest of the denomination in lower case), subscript, superscript or a design;

(b) where it is in the form of a ‘code’:

(i)

it consists of a number or numbers only, except in the case of inbred lines or of similarly specific types of varieties;

(ii)

it consists of a single letter;

(iii)

it contains more than 10 letters, or letters and numbers;

(iv)

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

(v)

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

2. On submission of the proposal for a variety denomination, the applicant shall declare where the proposed denomination is intended to be in the form of a ‘fancy name’ or of a ‘code’.

3. If the applicant makes no declaration on the form of the proposed denomination, the denomination shall be considered to be a ‘fancy name’.