Application for registration of trade mark whose registration has been sought in a Convention country—claim for priority
29 Application for registration of trade mark whose registration has been sought in a Convention country—claim for priority
If:
a person has made an application for the registration of a trade mark in one or more than one Convention country; and
within 6 months after the day on which that application, or the first of those applications, was made, that person or another person (successor in title) of whom that person is a predecessor in title applies to the Registrar for the registration of the trade mark in respect of some or all of the goods and/or services in respect of which registration was sought in that country or those countries;
that person or that person’s successor in title may, when filing the application, or within the prescribed period after filing the application but before the application is accepted, claim a right of priority for the registration of the trade mark in respect of any or all of those goods and/or services in accordance with the regulations.
For month see section 6.
The priority claimed is for the registration of the trade mark in respect of the goods or services:
if an application to register the trade mark was made in only one Convention country—from (and including) the day on which the application was made in that country; or
if applications to register the trade mark were made in more than one Convention country—from (and including) the day on which the earliest of those applications was made.
The regulations may provide for the filing of documents in support of a notice claiming priority and, in particular, for the filing of certified copies of any application for the registration of the trade mark made in a Convention country.
For Convention country see section 225.
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