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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

Pune Pharma Ltd filed a trade mark application in a notified convention country on 10 March 2026. It files in India for the same mark on 5 September 2026. On 20 June 2026 it also filed in another convention country. Assuming the mark is registered, what is the date treated as the date of registration?

The registration date is 10 March 2026. Under section 154, where filings are in several convention countries the six-month period runs from the earliest, and the Indian application on 5 September 2026 is within six months of 10 March, so that earlier date is deemed the registration date.

  1. A10 March 2026, the earliest convention filing, since India filing falls within six months of itCorrect
  2. B5 September 2026, the Indian filing date
  3. C20 June 2026, the later convention filing
  4. DNo priority is available because filings were made in two countries

Explanation

Section 154(3) says that where applications are made in two or more convention countries, the six months run from the earliest. 10 March to 5 September 2026 is under six months (the limit is 10 September). So the mark is registered as of 10 March 2026. The Indian filing date is wrong because priority applies.

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