6. Recording the claim

Date Published

Details of the priority claim must be entered on the database.


6.1

If the claim for priority is made on the application, the information will be captured on the database.


6.2

If the claim is made within two working days of filing, the details will be added to the database.


6.3

Where there is more than one priority date applying to an application the following endorsement must be entered in regard to each priority claim:

Convention priority claimed: (date), (country) in respect of (goods and/or services).


6.4

No reference is to be made to any additional goods or services in the endorsement that are included in the specification but for which no claim to a priority date has been made as the Australian filing date is the priority date for such goods and/or services.


6.5

Only one priority date will appear on the enquiries screen. This will be the earliest date of priority claimed. Where citations are being considered examiners must make sure they take note of which priority date applies to which goods and/or services before a citation is taken.


6.6

The convention claim must be made at filing or within 2 working days of filing and must include the country and the date of the convention application in order to be a valid claim. The number of the convention application need not be supplied at filing if it has not been allocated at that time. However the number must be supplied before acceptance.

In the event the trade mark is ready for acceptance and the number of the convention application is not yet available, the applicant or their representation should be asked to provide the convention number when the number has been allocated. The trade mark application should not be accepted without the number of the convention application.