5.4 Division of goods and services

An applicant for the registration of a trade mark may apply for division from the application of some of the goods and/or services specified in the trade mark application.¹⁵

An application for the division of some of the goods and/or services 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 goods and/or services in the trade mark application. As an application to divide out all of the goods and 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 goods and/or services 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 goods and/or services that remain in the specification at the time the application for division is filed.

Footnote

¹⁵ Regulation 49 (c) of the Trade Mark Regulations 2003.