Trade Marks Act 2002

Process for obtaining registration of trade mark and other matters - Applications - Priority of applications

34: Priority of applications for registration of identical or similar trade marks

You could also call this:

"How the Commissioner decides which trade mark application goes first when they're similar"

When you want to register a trade mark, it's important to know about how the Commissioner handles different applications. If two or more people apply to register trade marks that are very similar or the same, and they're for similar or identical goods or services, the person who sent their application first gets priority. This means their application can go ahead before the others.

Sometimes, the Commissioner might receive multiple applications at the same time. If this happens, all of these applications are treated equally and can move forward. The Commissioner will let each person know about the other applications.

It's worth noting that if applications are received on the same day, they're treated as if they arrived at exactly the same time, even if one came in the morning and another in the afternoon.

There's one more thing to remember: Section 36 of the Trade Marks Act 2002 can change how this rule works. If there's a conflict between this rule and Section 36, Section 36 is the one that counts.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164494.

Topics:

Business > Intellectual property

33: Joint applications, or

"When more than one person wants to share a trade mark"

35: Commissioner's requirements in relation to applications without priority, or

"The Commissioner tells you where your trade mark application stands in line"

Part 3Process for obtaining registration of trade mark and other matters
Applications: Priority of applications

34Priority of applications for registration of identical or similar trade marks

If different persons separately apply for the registration of trade marks that are identical or similar to each other and that are in respect of identical or similar goods or services, the first application received by the Commissioner has priority over all the other applications and may proceed.
If different persons separately apply for the registration of trade marks that are identical or similar to each other and that are in respect of identical or similar goods or services and their applications are received at the same time by the Commissioner,—
each application has equal priority and may proceed; and
the Commissioner must notify each applicant of each other's application.

For the purposes of subsection (2), 2 or more applications that are received on the same day are to be treated as if they had been received at the same time.
Section 36 overrides this section.