Can the name of my variety be, or include as part of the name, a trade mark registered under the Trade Marks Act 1995?
No. A trade mark cannot be, or be part of, the variety name, However, it is possible to use a trade mark in conjunction with a variety name, with the variety name having equal prominence. For example, it might be decided to market a range of varieties under the trade mark Elle. So that one might have Elle Celebration, Elle Anniversary or Elle Applause If a commercial name is registered as a trade mark it cannot be used as a variety name. If a plant is marketed under a trade mark without PBR protection, a purchaser may produce from the plant freely and sell the product provided they dont use the trade mark.
