7.2 Division of the application

Dividing the application does not, strictly speaking, overcome a citation. However, where part of the application can be divided out so that either the initial application or the divisional application is no longer in conflict with the cited trade mark, at least part of the original application may be able to proceed.

Where the division has resulted in the conflicting trade mark or goods and services being divided out to a new application, the new application must be raised as a citation against the application under examination if the conflict between the trade marks and the goods and services still exists. The new citation will be treated as if the citation had been raised at the time of the initial examination.