3. Why file a divisional application

An applicant may choose to file a divisional application for several reasons including:

• if goods and/or services of an application are in conflict with another trade mark application or registration, the applicant may decide to divide the non-conflicting goods and/or services from the parent application so that the child application can proceed to acceptance; or
• if some of the goods and/or services of the parent application have been maintained to the point of rejection, the applicant may decide to divide the goods and/or services for which the objection does not relate from the parent application, into a child application so they can proceed to acceptance; or
• if opposition is filed or threatened, the applicant may decide to divide the non-conflicting goods and/or services to allow the child application to proceed to registration. Please note, a divisional request in relation to an opposition can only be processed if the opponent agrees that the mark can be divided.

In any of the above cases the applicant may decide to file a divisional application for goods and/or services which are to be divided from the parent application. No time frames for the filing of a divisional apply.

The divisional application will generally be examined by the examiner of the parent application. The examiner must check that the divisional application meets the criteria for a valid divisional.