26. Application under convention arrangement.- (1) Where a right to priority is claimed by reason of an application for protection of a trade mark duly filed in a convention country under section 154 a certificate by the Registry or competent authority of that Trade Marks Office shall be included in an application for registration under sub-rule (3), (4), (6), (7)(b), (8)(b), (11), (17)(b) or (18)(b) of rule 25, as the case may be, and it shall include the particulars of the mark, the country or countries and the date or dates of filing of application and such other particulars as may be required by the Registrar. (2) Unless such certificate has been filed at the time of the filing of the application for registration, there shall be filed, within two months of the filing of such application certifying or verifying to the satisfaction of the Registrar, the date of the filing of the application, the country, the representation of the mark, and the goods or services covered by the application. (3) The application shall include a statement indicating the date of filing of the convention application, the name of the convention country where it was filed, the serial number, if any, and a statement indicating that priority is claimed: Provided Where the applicant files more priority claims than one under section 154 for some or all the goods or services in respect of the same trade mark, the Registrar shall take the date of the earlier application in a convention country, as the priority date; Provided further that the Registrar shall take such priority date only in respect of goods or services referred to in convention application. (4) Where a single application under sub-section (2) of section 18 is filed from a convention country for one or more classes of goods or services, the applicant shall establish a sufficient ground to the satisfaction of the Registrar for the date of filing of application in all such classes. |