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3.4.1 Multiple or partial convention claims

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An 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



Last updated 20 September 2012

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