Trade Marks Act 2002

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

36: Priority of application to which convention country application relates

You could also call this:

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

If you apply for a trade mark in a country that has an agreement with New Zealand, you can get special treatment when you apply for the same trade mark in New Zealand. This special treatment is called 'priority'.

You can get priority if you apply in New Zealand within 6 months of your first application in the other country. Your New Zealand application will be treated as if it was made on the same day as your application in the other country. This means you'll be ahead of other people who apply for the same trade mark in New Zealand.

Remember, this only works for your first application in the other country. If you apply more than once for the same trade mark in that country, only the first one counts for priority in New Zealand.

Even if someone uses the trade mark in New Zealand during those 6 months, it doesn't change your priority. Your application will still be treated as if it was made on the same day as your application in the other country.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164497.


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


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

36Priority of application to which convention country application relates

  1. A person who has applied for the registration of a trade mark in a convention country (whether before or after it became a convention country), or his or her legal representative or assignee, is entitled to registration of his or her trade mark in priority to other applicants, and the registration has the same date as the date of the application in the convention country if the application is made within 6 months after the date of the convention country application.

  2. Subsection (1) applies only in respect of the first application for the trade mark that is made in a convention country by a person and does not apply to any subsequent applications for the trade mark by that person.

  3. The use of the trade mark in New Zealand during the 6-month period referred to in subsection (1) does not affect the priority of the application for the registration of the trade mark to which the convention country application relates.