Priority of applications

34 Priority of applications for registration of identical or similar trade marks

(1)

If different persons separately apply for the registration of trade marks that are identical or similar to each other and that are in respect of identical or similar goods or services, the first application received by the Commissioner has priority over all the other applications and may proceed.

(2)

If different persons separately apply for the registration of trade marks that are identical or similar to each other and that are in respect of identical or similar goods or services and their applications are received at the same time by the Commissioner,—

(a)

each application has equal priority and may proceed; and

(b)

the Commissioner must notify each applicant of each other’s application.

(3)

For the purposes of subsection (2), 2 or more applications that are received on the same day are to be treated as if they had been received at the same time.

(4)

Section 36 overrides this section.