6.1 Priority dates

Where an application has been divided, the part of the application that was divided out will be treated as independent from the application from which it derived. However, it will retain the original filing date and convention priority date, if applicable.¹⁷

An application that has been divided out from another trade mark application will be accorded the same convention priority date as in the initial trade mark application. For a mark with multiple claims to convention priority, the claims to convention priority will apply to each divided application as they applied to the initial trade mark application.

An application that has been divided out from another trade mark application cannot be post-dated.

Footnote

¹⁷ Regulation 52 of the Trade Marks Regulations 2003.