Trade Marks Act, 1996

Claim to priority from other relevant overseas application.

41.—(1) This section applies to any country or territory in relation to which the State has entered into a treaty, convention, arrangement or engagement for the reciprocal protection of trade marks.

(2) The Government may by order make provision for conferring on a person who has duly filed an application for protection of a trade mark in a country or territory to which this section applies a right to priority, for the purpose of registering the same trade mark under this Act for some or all of the same goods or services, for a specified period from the date of filing of that application.

(3) In relation to a country or territory to which this section applies, an order under this section may make provision corresponding to that made by section 40 in relation to Convention countries or such other provision as appears to the Government to be appropriate.

Registration Procedure