Is it possible to change the variety denomination of a granted variety?

In accordance with article 66 of the Basic Regulation “the Office shall amend a variety denomination designated pursuant to Article 63 if it establishes that the denomination does not satisfy, or no longer satisfies, the conditions laid down in Article 63 and in the event of a prior conflicting right of a third party, if the holder agrees to the amendment or the holder or any other person required to use the variety denomination has been prohibited, by a final judgment, for this reason from using the variety denomination ”.

In practice a request to change the approved variety denomination in accordance with article 66 of the Basic Regulation with the indicated impediment under article 63 of the same regulation should be filed (most requests are mainly based on 63.3 (a) Prior right of a third party and 63.4 First registration in an official register of plant variety rights).

The request will be submitted to the Committee responsible for the suitability of variety denominations that will accept or reject it. If accepted the denomination will be tested, analysed and if found suitable published under chapter 2.3 “Proposal to change an approved variety denomination” in the CPVO Gazette. The usual 3 months’ waiting period for written objections by any person from the date of publication will apply. If no objections have been received within the three months’ time limit, the Committee responsible for the suitability of variety denominations will be requested to approve the new proposal definitively, which will take place with the publication of the proposal under chapter 2.4 “Approval of a new denomination of a protected variety” in the Gazette. It is only on the date of publication of the latter that the variety denomination will be entered in the registers.

Spelling mistakes due to transcription errors in the variety denomination, which are notified after granting can be corrected  in accordance with Article 53.4 of Council Regulation (EC) No 874/2009.