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2.1 Filing priority
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Sections 34(1) of the Act states:
If different persons separately apply for the registration of trade marks that are identical or similar to each other and that are in respect of identical or similar goods or services, the first application received by the Commissioner has priority over all the other applications and may proceed.
When considering the priority of an application prohibits the registration of a trade mark, examiners must consider applications belonging to different owners that have earlier priority than the application under examination. Section 34(1) of the Act affirms the priority right of an applicant who files its trade mark application first.
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