What to consider before naming my plant variety

Before you name your plant variety, it's important to understand the commercial implications of a plant breeder's right (PBR)-protected variety name.  

What plant naming conventions are protected under PBR?

When naming your plant variety within your PBR application, you'll get to decide on the:

  • Variety name: formally known as a denomination

  • Synonym name (optional): so you can tailor your variety name to different markets.

Can I trade mark my plant variety name?

Once you've included a plant variety name on your PBR application and we've accepted your application, you can't trade mark this same nameThat's because the same name can't be protected under these two different IP rights.

How to successfully use a trade mark and PBR for your variety

In your PBR application, use a: 

  • Plant variety name that works for your target market, such as growers
  • Trade mark the name that reflects the brand name you wish to market (and become well known for).

Be aware that you can't trade mark just one plant variety. A trade mark acts as a brand, and has to include multiple varieties under it.

What is a trade mark?