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TRADE MARKS ACT 1995 - SECT 29

Application for registration of trade mark whose registration has been sought in a Convention country--claim for priority

  (1)   If:

  (a)   a person has made an application for the registration of a trade mark in one or more than one Convention country; and

  (b)   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.

Note:   For month see section   6.

  (2)   The priority claimed is for the registration of the trade mark in respect of the goods or services:

  (a)   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

  (b)   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.

  (3)   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.

Note:   For Convention country see section   225.


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