3.4 Multiple or partial convention priority

An applicant may claim priority from more than one application filed in a convention country. An applicant may also claim convention priority for only part of its New Zealand application. There is no limit to the number of convention priority claims that may be made in one New Zealand application.

Where a claim to convention priority pertains to only part of the application, the following additional information is required:

1. The goods and services to which the claim relates:¹⁶
2. Where the application in New Zealand is an application for the registration of a series of trade marks, a statement specifying to which of the marks in the series the claim for convention priority relates.¹⁷

Where an applicant makes multiple convention priority claims or where an applicant claims convention priority in respect of only part of its New Zealand application, the rights in each of the marks in the series, or the rights in each part of the specification, will accrue from the relevant deemed date of registration for the purposes of sections 25(1)(a) and 25(1)(b) of the Act. However, the deemed date of registration for the purpose of renewals will be the earliest convention priority date. The registration period will therefore run from the earliest convention priority date.

Where an applicant makes a claim for convention priority the details will appear in the “Convention Priority” field in the biographical data of each Application. Multiple convention priority claims, or where an applicant claims convention priority in respect of only part of its New Zealand application will also appear in the “Convention Priority” field in the biographical data.

Footnotes

¹⁶Regulation 47(1)(c) of the Regulations
¹⁷Regulation 47(1)(d) of the Regulations