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3.4.2 Multiple or partial series convention claims
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An 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:
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NZ filing date: 24 January 2003
Trade marks (3): LICK EMS, LICK'EMS, LICK-EMS
Class: 30
Specification: ice cream and ices
Convention document data: XXX/2002, 28 August 2002, US
Convention document data: XXX/2002, 17 September 2002, GB
Explanations:
Convention priority claimed: 28 August 2002, US, in respect of the first mark in the series, for ice cream and ices
Convention priority claimed: 17 September 2002, GB, in respect of the second mark in the series, for ice cream and ices.
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
Convention document data: XXX/2002, 10 October 2002, EC
Convention document data: XXX/2002, 28 November 2002, FR
Convention document data: XXX/2002, 18 December 2002, CH
Explanations:
Convention priority claimed: 10 October 2002, EC, in respect of the first mark in the series, for retail of pharmaceuticals.
- Convention priority claimed: 28 November 2002, FR, in respect of the first mark in the series, for retail of cosmetics and toiletries.
- Convention priority claimed: 18 December 2002, CH, in respect of the third mark in the series, for retail of cosmetics, toiletries, pharmaceuticals and cameras.
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
