Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a person has made an application for the registration of a trade mark in one or more than one Convention country; and
(b) within 6 months after the day on which that application, or the first of those applications, was made, that person or another person ( successor in title ) of whom that person is a predecessor in title applies to the Registrar for the registration of the trade mark in respect of some or all of the goods and/or services in respect of which registration was sought in that country or those countries;
that person or that person's successor in title may, when filing the application, or within the prescribed period after filing the application but before the application is accepted, claim a right of priority for the registration of the trade mark in respect of any or all of those goods and/or services in accordance with the regulations.
Note: For month see section 6.
(2) The priority claimed is for the registration of the trade mark in respect of the goods or services:
(a) if an application to register the trade mark was made in only one Convention country--from (and including) the day on which the application was made in that country; or
(b) if applications to register the trade mark were made in more than one Convention country--from (and including) the day on which the earliest of those applications was made.
(3) The regulations may provide for the filing of documents in support of a notice claiming priority and, in particular, for the filing of certified copies of any application for the registration of the trade mark made in a Convention country.
Note: For Convention country see section 225.