3.3 Applying for convention priority

Where a claim to convention priority pertains to the entire application, the priority date of that application is the date on which the application was filed in the convention country. A trade mark application containing a claim for convention priority on the basis of an earlier-filed convention priority claim filed in New Zealand must contain:¹⁰

1. The date of the application from which priority is claimed; and
2. The country in which the application was made.

In addition, an applicant must advise IPONZ that it is claiming priority on the basis of an earlier-filed convention priority claim within two days of the application being filed in New Zealand.¹¹ This period is not extendable under the Act.¹² Therefore, where an applicant applies for convention priority more than 2 working days after the application is filed, the claim will not be accepted.¹³

An applicant is not required to file a certified copy of the convention documents unless requested by the Commissioner.¹⁴

For more information on filing an application to register a trade mark, see the Practice Guidelines on Filing Trade Mark Applications.

Footnotes

¹⁰Regulations 47(1)(a) and 47(1)(b) of the Regulations
¹¹Regulation 46(1) of the Regulations
¹²Regulation 46(2) of the Regulations
¹³Regulation 46(3) of the Regulations
¹⁴Regulation 47(2) of the Regulations