Commission Regulation (EC) No. 637/2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species (Codified version).

These provisions implement certain provisions of Directives 2002/53/EC and 2002/55/EC dealing with the suitability of variety denominations, by means of a reference to article 63 of Council Regulation (EC) No. 2100/94 on Community plant variety rights. In the case of a trade mark as a prior right of a third party, the use of a variety denomination in the territory of the European Union shall be considered to be precluded by the notification to the competent authority for the approval of the variety denomination of a trade mark, which has been registered in one or more Member States or at European Union level prior to the approval of the variety denomination, and which is identical or similar to the variety denomination and registered in relation to goods which are identical or similar to the plant variety concerned.