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3.4 Multiple or partial convention priority
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3.4.1 Multiple or partial convention claims
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
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New Zealand filing date: 25 February 2002
Class: 35
Specification: retail of clothing, lace, handbags and leather goods
Convention document data: XXX/2001, 16 October 2001, CH
Convention document data: XXX/2001, 12 November 2001, SE
Explanations:
Convention priority claimed: 16 October 2001, CH, in respect of retail of handbags.
Convention priority claimed: 12 November 2001, SE, in respect of retail of clothing and leather goods.
In the example above, for the purposes of section 25(1)(a) and section 25(1)(b):
- The priority date pertaining to “retail of handbags” is 16 October 2001.
- The priority date pertaining to “retail of clothing and leather goods” is 12 November 2001.
- The priority date pertaining to “retail of lace” is 25 February 2002.
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
3.4.2 Multiple or partial series convention claims
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
