Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

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

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

You could also call this:

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

The Commissioner has specific duties when dealing with trade mark applications that don't have top priority. If your application isn't the first in line or doesn't share equal priority with others, the Commissioner must tell you where your application stands in the order. This means you'll know if there are other applications ahead of yours. After informing everyone of their place in line, the Commissioner will then look at each application one by one, following the order of priority that has been set.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164495.

Topics:
Business > Intellectual property
Previous

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

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

Next

36: Priority of application to which convention country application relates, or

"Getting special treatment for your trade mark application in New Zealand"

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

35Commissioner's requirements in relation to applications without priority

  1. The Commissioner must—

  2. inform each applicant whose application does not have priority over all other applications under section 34(1) or under section 36, or does not have equal priority under section 34(2), of the applicant's order of priority; and
    1. determine, according to its order of priority, each application.

      Notes
      • Section 35(a): amended, on , by section 7 of the Trade Marks Amendment Act 2005 (2005 No 116).