1. Introduction

Subpart 2 of Part 3 of the Trade Marks Act 2002 (the Act) provides for the application, examination and acceptance of a trade mark application. These guidelines focus on the priority to be given to applications for the registration of a trade mark under sections 34, 35 and 36 of the Act.

Section 34 of the Act provides for the priority of applications in date order. Section 35 of the Act provides for the Commissioner to determine and inform on the priority of applications. Section 36 of the Act provides for the priority of applications under the Paris Convention for the Protection of Industrial Property.

Regulations 46 and 47 of the Trade Marks Regulations 2003 (the Regulations) set out the requirements for claiming convention priority.