The New Zealand Trade Marks Act 2002 (the Act) allows for a person to claim convention priority from an earlier filed trade mark application filed in a convention country, provided the application is made within 6 months of the filing date of the earlier filed application.
However, if claiming convention priority from an earlier filed application, the New Zealand Trade Marks Office must be notified of such a claim within 2 working days of filing a New Zealand Trade Mark application (Regulation 46(1)). This period is not extendable under the Act (Regulation 46(2)).
According to Regulation 47(2), it is not necessary to file certified copies of convention documents unless requested by the Commissioner.
If you are interested in filing a New Zealand Trade Mark application claiming convention priority, or if you have any questions regarding this matter, please do not hesitate to contact our office.
