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3.4.1 Multiple or partial convention claims
Up one levelAn applicant may claim multiple convention priority dates where the different convention country applications relate to different parts of the specification of goods or services.
An applicant may claim convention priority for part of a specification, and no convention priority for the remainder of that specification. For example;
New Zealand filing date: 25 February 2002
Class: 35
Specification: retail of clothing, lace, handbags and leather goods
In the examples below, for the purposes of section 25(1)(a) and section 25(1)(b):
- The priority date pertaining to “retail of handbags” is 16 October 2011.
- The priority date pertaining to “retail of clothing and leather goods” is 12 November 2011.
- The priority date pertaining to “retail of lace” is 25 February 2012.
Single Priority
Country | Priority Date | Priority Number | Class | Claims | |
Convention Priority | Switzerland | 16 Oct 2011 | XXXXXX | 35 | Convention priority claimed for class 35 in respect of: Retail of handbags. |
Multiple Priority(s)
Country | Priority Date | Priority Number | Class | Claims | |
Convention Priority | Switzerland | 16 Oct 2011 | XXXXXX | 35 | Convention priority claimed for class 35 in respect of: Retail of handbags. |
Convention Priority | United States | 12 Nov 2011 | XXXXXX | 35 | Convention priority claimed for class 35 in respect of: Retail of clothing and leather goods. |
The applicant must clearly specify in its New Zealand application the priority date, convention country and goods/services that apply to each convention priority claim.18
Footnote
18 Regulation 47 of the Regulations
