3.6 Convention documentation

The Commissioner is not required to compare an application that claims convention priority with the corresponding convention documents. Regulation 47 of the Regulations states that:

It is clear from the above regulation that there is no requirement to request an applicant to supply convention documentation for an application that claims convention priority. It is Office practice to not request the corresponding convention documents for all trade mark applications that claim convention priority.

The Office accepts applications that claim convention priority in good faith from applicants and trusts that the details supplied on application are correct. The onus is on the applicant to supply the Office with the correct convention priority details so that the convention claim is valid. If applicants do not supply the correct convention details then the convention priority claim may be invalid.