Suitability of variety denominations
Article 2
1. A variety denomination shall be suitable, if there is no impediment related to its designation. 2. There is an impediment related to the designation of a variety denomination in cases where: (a) the use of the variety denomination in the territory of the Union is precluded where an objection of a third party holding a prior right is upheld, as set out in Article 3(1); (b) the variety denomination conflicts with geographical indications, designations of origin or traditional specialties guaranteed, as set out in Article 3(2); (c) the variety denomination may cause its users difficulties as regards its recognition or reproduction, as set out in Article 4; (d) the variety denomination is identical or may be confused with a variety denomination under which another variety of the same or of a closely related species is entered in an official register of plant varieties or under which material of another variety has been marketed, as set out in Article 5; (e) the variety denomination could cause confusion due to its visual, phonetical or conceptual similarity with the denomination of a variety of the same or closely related species, as set out in Article 5; (f) the variety denomination is identical or may be confused with designations commonly used for the marketing of goods, or which have to be kept free under other legislation, as set out in Article 6; (g) the variety denomination is liable to mislead or to cause confusion, as set out in Article 7.