5.2 Division of part of a series

An applicant for the registration of a trade mark may apply for division from the application of one or more marks that were the subject of the initial trade mark series application.¹³

An application for the division of a series will not be accepted if:

• The original marks did not constitute a series; or
• The application for division is not in respect of the same classes and goods and/or services as in the trade mark application.

An application for the division of a series will not be accepted for all of the marks in the series in the trade mark application. As an application to divide out all of the marks in the series would amount to a re-filing of that application.

Footnote

¹³ Regulation 49(a) of the Trade Mark Regulations 2003.