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3.4.2 Multiple or partial series convention claims
Up one levelAn applicant who applies to register a series of trade marks in a single application may claim convention priority for one or more marks in the series and not for the other mark(s) in the series. For example:
NZ filing date: 24 January 2003
Trade marks (3): LICK EMS, LICK'EMS, LICK-EMS
Class: 30
Specification: ice cream and ices
2 Priority(s)
Country | Priority Date | Priority Number | Class | Claims | |
Covention Priority | United States | 28 Aug 2011 | XXXXXX | 30 | Convention priority claimed for the first mark in the series. |
Country | Priority Date | Priority Number | Class | Claims | |
Covention Priority | Australia | 17 Sep 2011 | XXXXXX | 30 | Convention priority claimed for the second mark in the series. |
Please Note: the first mark in the series is considered to be the first mark as shown in the Bibliographical Data in Ptolemy.
An applicant may also claim convention priority for those marks in the series, where the convention priority claim(s) relate to part(s) of the specification only. For example:
NZ filing date: 5 February 2003
Trade marks (3): SOMNOPAK, SOMNO-PAK, SomnoPak
Class: 35
Specification: retail of cosmetics, toiletries, pharmaceuticals and cameras
3 Priority(s)
Country | Priority Date | Priority Number | Class | Claims | |
Convention Priority | United States | 10 Oct 2011 | XXXXXX | 35 | Convention priority claimed for the first mark in the series for retail of pharmaceuticals. |
Country | Priority Date | Priority Number | Class | Claims | |
Convention Priority | France | 28 Nov 2011 | XXXXXX | 35 | Convention priority claimed for the first mark in the series for retail of cosmetics and toiletries. |
Country | Priority Date | Priority Number | Class | Claims | |
Convention Priority | Ecuador | 18 Dec 2011 | XXXXXX | 35 | Convention priority claimed for the third mark in the series for retail of cosmetics, toiletries, pharmaceuticals and cameras. |
Please Note: the first mark in the series is considered to be the first mark as shown in the Bibliographical Data in Ptolemy.
The applicant must clearly specify in its New Zealand application the priority date, convention country, trade mark and goods/services that apply to each convention priority claim.19
Footnote
19Regulation 47 of the Regulations
