Regulations 6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Regulation 6 sets up the committee that recommends extant varieties notified under the Seeds Act for registration. Regulations 7 to 9 deal with denominations: what a mark holder must do before a mark becomes a denomination, what the denomination must look like, how a trade mark may sit beside it, and the two months allowed to propose another denomination. Applicants choosing a denomination can ask our legal consultation team to check it first.
Regulations as amended up to G.S.R. 483(E) dated 4 July 2025. Later notifications should be checked on plantauthority.gov.in.
The Extant Variety Recommendation Committee is constituted by the Authority and now has ten persons (changed from seven in 2015), with a three-year tenure (regulation 6). A mark can become a denomination only if its holder renounces the right in the mark from the date the breeder's right is granted (regulation 7(1)). A denomination must be suitable to identify the variety, in letters or letters and figures in Hindi or English, and must not mislead, clash with an existing variety or trade mark, or offend public order (regulation 8(1)). A trade mark may be associated with the denomination after informing the Registrar (8(2)). If the Registrar finds a denomination unsuitable, a new one must be proposed within two months (regulation 9).
Regulation 6: the Extant Variety Recommendation Committee
Regulation 6 applies to extant varieties "which have been notified under section 5 of the Seeds Act, 1966". Their suitability for registration "shall be examined by the Extant Variety Recommendation Committee to be constituted by the Authority".
Composition. The 2006 text said the Committee would comprise "seven persons including one Farmers' Representative and one Seed Industry Representative and other subject matter specialists who shall be nominated by the Authority". G.S.R. 496(E) of 15 June 2015 substituted "ten" for "seven" and inserted, after the words "one Farmers' Representative", the words "one representative from the Seed Division of Department of Agriculture". The Committee therefore has ten persons, including a farmers' representative, a representative from the Seed Division of the Department of Agriculture, a seed industry representative and other subject matter specialists nominated by the Authority.
Tenure and secretary. The Committee has "three years tenure" and the Registrar of the Authority is the ex officio Member Secretary.
Effect. On the Committee's recommendations, the extant variety notified under the Seeds Act "shall be registered as per the provisions of the section 28" of the Act. The criteria of distinctiveness, uniformity and stability for extant varieties "differ from species to species and they shall be notified by the Protection of Plant Varieties and Farmers' Rights Authority in the Gazette of India".
The regulation connects with rule 22(2) and (2A), which govern registration of extant varieties; see rules 21 to 22C.
Regulation 7: renunciation and convention denominations
7(1): "A mark may only be approved as a denomination for a variety if the applicant concerned submits documentary proof that the holder of the mark concerned renounces his or her right to such mark as from the date on which a Plant Breeder's Right to the variety is granted."
7(2): the denomination approved by the Registrar for a variety already protected, or applied for, in a convention country or an agreement country "shall the same as the denomination thus protected or thus applied for in such country", on condition that 7(1) is complied with and no priority claim on that denomination is proved by another person.
This works with section 17(4) of the Act, which says that a denomination assigned to a variety shall not be registered as a trade mark; see sections 15(4) and 17. An applicant who already uses a word as a trade mark and wants it as the variety's denomination must therefore give up the right in the mark from the grant date. The Regulations do not describe the form of the renunciation.
Regulation 8: the denomination
8(1): what a denomination must be
A denomination proposed "in terms of section 18 of the Act" shall:
| Clause | Requirement |
|---|---|
| (a) | Be suitable to identify the variety |
| (b) | Be expressed by letters, or a combination of letters and figures, in Hindi or English |
| (c) | Not mislead or lead to confusion about the characteristics, value or identity of the variety or the identity of the breeder |
| (d) | Be different from each denomination of existing varieties of the same or a closely related species registered under the Act, in a convention country or an agreement country, or not likely to create public confusion about the identity of the variety |
| (e) | Not be identical with, similar to, or liable to lead to confusion with a mark protected under the Trade Marks Act, 1999 that applies to propagating material or its use or to a product of it |
| (f) | Not be inimical to public order or contrary to morality |
| (g) | Be the same in all convention countries or agreement countries |
| (h) | "not generally comprise of solely or partly of geographical name" |
| (i) | Not be prohibited for use as a name or emblem for any purpose mentioned in section 3 of the Emblems and Names (Protection of Improper Use) Act, 1950 (52 of 1950) |
Section 15(4) of the Act lists the grounds on which a new variety is refused registration because of its denomination, and regulation 8(1) is the denomination rule in the Regulations. Note that the Act's own proviso lets the Registrar register a geographical-name denomination if its use is an honest use, and regulation 3(4) repeats the Registrar's power to do so in special circumstances; see regulations 1 to 5A. The Emblems and Names Act is an old statute, printed here as in the Regulations (with "Protection of Improper Use" and "52 of 1950", whereas the Act itself refers to the "Prevention of Improper Use" Act, 1950, 12 of 1950); check the current law before relying on the reference.
8(2): trade marks beside the denomination
Despite 8(1):
- (a) when a variety is advertised, offered for sale or marketed, "it shall be permitted to associate a trademark, trade name or other similar indication with a registered variety denomination after informing the Registrar in writing";
- (b) a trade mark, trade name or similar indication "shall not be used alone without the registered variety denomination and also without the prior information to the Registrar".
Clause (b) refers to "clause (a) of section 4 above"; the cross-reference should be to clause (a) of this sub-regulation. The sense is clear. The practical rule is that the denomination must always accompany the brand name. The separate Rules of 2012 on how the denomination appears on seed containers are in the Use of Denomination Rules, 2012.
Regulation 9: another denomination
"If the Registrar considers a denomination proposed for a variety as unsuitable, the applicant concerned shall submit some other denomination acceptable to the Registrar within two months from the date of receipt of such direction." This is the "time ... specified in the regulations" that section 17(3) of the Act leaves to the Regulations. Failure to provide an alternative denomination is a ground for revocation under section 34(d); see rules 50 to 53.
An invented example: a seed company has a trade mark "SunGold" used on its wheat seed. It proposes the same word as the denomination of a new wheat variety. Under regulation 7(1) it must submit proof that it renounces the mark from the grant date. If it prefers to keep the mark, it chooses a letter-and-figure denomination such as "SG-14" and, under 8(2)(a), informs the Registrar in writing that it will market the variety under the trade mark "SunGold" together with the registered denomination.
Companies planning brands and denominations together can take advice from our legal consultation team before filing.
Need help with a denomination?
A denomination that is refused or later challenged can delay registration or support revocation. Our legal consultation team can review your proposed denomination against regulation 8, section 15(4) and your existing trade marks.
Key takeaways
- The Extant Variety Recommendation Committee now has ten persons, including a Seed Division representative, a farmers' representative and a seed industry representative; the tenure is three years.
- A mark holder must renounce the right in the mark from the grant date for it to become a denomination.
- A denomination is in letters or letters and figures in Hindi or English and must meet the nine tests in regulation 8(1).
- A trade mark may be used with the denomination after written information to the Registrar, never alone.
- If a denomination is unsuitable, another must be proposed within two months of the direction.
Read next
- Sections 15(4) and 17: denomination and trade marks
- Use of Denomination Rules, 2012
- Regulations 1-5A: the Registrar
Disclaimer: Based on the Protection of Plant Varieties and Farmers' Rights Act, 2001 as amended up to the Tribunals Reforms Act, 2021, the PPV&FR Rules, 2003 as amended up to G.S.R. 803(E) of 16 November 2021, and the regulations, rules and scheme named in the article, as published by the PPV&FR Authority and consulted on 3 October 2026. Later notifications should be checked on plantauthority.gov.in. This article is general information, not legal advice; check the official text before acting.