2. Making a claim for priority

Date Published

To claim a right of priority an applicant must file notice of the claim (subreg 4.6(1)). The date at which all the criteria for a correct claim for priority must apply (regardless of whether the convention priority date is claimed at filing or within the next two working days) is the filing date of the application in Australia. Examiners are not required to query the claim for convention priority if they become aware of subsequent changes to the overseas application upon which the claim for priority is made.


2.1

The notice must include details of:

  • the Convention country in which the earlier application was filed at the Trade Marks Office (or its equivalent) of that Convention country, and

  • the date on which the earlier application was filed, and

  • the number, if available, allocated to the earlier application in the trade marks office (or its equivalent) of that Convention country (subreg 4.6(2)). (The number must be supplied, and it will be requested at examination if not provided earlier.)


2.2

A priority claim may be made at the time of filing of the application to register a trade mark in Australia, or up to two working days later. (reg 4.5).


2.3

If priority for the convention application is claimed on the basis of more than one earlier application, the notice of the claim for priority must contain the above details for each of the earlier applications (subreg 4.6(2)).


2.4

If more than one priority date applies in relation to a convention application as a result of a claim for a right of priority, the notice claiming priority must, as well as stating the details at 2.1 above, also specify which goods and/or services are covered by the earlier application(s) (subreg 4.6(3)).