Business Update

Proposed practice guideline amendment – convention priority date

Proposal

IPONZ proposes to amend the Practice Guidelines on Amendment to Trade Mark Applications as follows:

6.2 Correcting convention priority details

An applicant may request the Commissioner correct an error or omission in the convention priority details of a trade mark application¹.

A correction to claim convention priority, where no claim to convention priority was made at the time of filing, or within two days of filing will not be allowed, as this is considered a correction materially altering the meaning or scope of the application. ¹

The following types of corrections will not usually be considered corrections that materially alter the meaning or scope of the application and will be allowed:

• Correction to the country in which the convention application was made;
• Correction to the date the convention application was made;²  or
• Correction to the application number pertaining to the convention country application.

Corrections to the goods or services pertaining to the convention priority claim(s) may be considered corrections materially altering the meaning or scope of the application.  Such requests will be considered on their merits.

¹ Regulation 46 of the Trade Marks Regulations 2003 requires that an applicant must advise IPONZ that it is claiming priority on the basis of an earlier-filed convention country application within two days of filing the application in New Zealand.  The applicant therefore has two days from the time of filing to amend any convention priority details.

² Trade Mark Application no. 71970, representation only, in Class 9 (T1/2006) 16 January 2006, Assistant Commissioner Walden