Misleading content
Article 7
1. There is an impediment for the designation of a variety denomination where it is liable to mislead or to cause confusion concerning the characteristics, the value or the identity of the variety, or the identity of the breeder or of any other party to the proceedings. 2. It shall be considered that a variety denomination is liable to mislead or to cause confusion if: (a) it conveys a false impression that the variety is related to, or derived from, another specific variety; (b) it conveys a false impression that the variety has a particular characteristic or value; (c) it refers to a specific characteristic or value in a way which conveys a false impression that only that variety possesses that specific characteristic or value, whereas other varieties of the same species may possess the same characteristic or value; (d) it is similar to a well-known trading name other than a registered trademark or variety denomination; (e) it suggests that the variety is another variety; (f) it conveys a false impression concerning the identity of the applicant, the person responsible for the maintenance of the variety or the breeder; (g) it consists of, or contains: (i) comparatives or superlatives which may be deceptive as to the characteristics of the variety; (ii) the botanical or common names of species, within the group either of agricultural plant species or of vegetable plant species, to which the variety belongs; (iii) the name of a natural or legal person, or a reference thereto, so as to convey a false impression concerning the identity of the applicant, the person responsible for the maintenance of the variety or the breeder; (h) it includes a geographical name that is likely to deceive the user as to the characteristics or the value for cultivation and use of the variety.