2. What is a divisional application

An applicant for the registration of a trade mark may apply for division from the application of:

• Part of a series of marks from a series application;¹
• Classes within an application²
• Specific goods and/or services within an application.3

The mark, class or goods and/or services being divided out must not themselves be the subject of the concern in a Compliance Report or opposition proceedings.

For example, an applicant may wish to divide out part of an application to overcome a concern raised in a Compliance Report or opposition proceedings that applies to one or more classes in the application. The class to which the Compliance Report or opposition proceedings relate must remain, while the class or classes that have been divided out may proceed.

If the concern is later overcome or the opposition is resolved, the divided class or classes may be merged with the initial trade mark application to form a single registration. 

Footnotes

¹ Regulation 49(a) of the Trade Marks regulations 2003.

² Regulation 49(b) of the Trade Marks regulations 2003.

³ Regulation 49(c) of the Trade Marks regulations 2003.