5.3 Division of classes

An applicant for the registration of a trade mark may apply for division from the application of one or more of the classes specified in the trade mark application.¹⁴

An application for the division of one or more of the classes will not be accepted where the application for division is not in respect of the same mark or series of marks as in the trade mark application.

An application for the division of a trade mark application will not be accepted for all of the classes in the trade mark application, where those classes include all of the goods and/or services in the initial application. As an application to divide out all of the classes and goods and/or services in the trade mark application would amount to a re-filing of that application.

An application for the division of an application will not be accepted if the class or classes being divided out are not in the specification of the trade mark application, at the time the application for division is filed. Division may only be in respect of the class or classes that remain in the specification at the time the application for division is filed.

Footnote

¹⁴ Regulation 49(b) of the Trade Marks Regulations 2003.