11.3. Examination of applications claiming convention priority

Federal Register of Legislation - Trade Marks Regulations 1995

Federal Register of Legislation - Trade Marks Act 1995

Examination of all applications for registration that claim convention priority is routinely expedited. This is intended to minimise the risk that a conflicting trade mark with a priority claim will be overlooked in the examination of other applications.

Should the examination of an application claiming convention priority reveal a conflicting application with a later priority date, then this will also be expedited and the application with the convention claim raised as a citation.  If the application is already under examination, then the late citation will be raised. If a conflicting application with a later priority date has already been accepted, then the Registrar may revoke acceptance of that application.