What is it?
A divisional application is a second application based on the parent application. This means that you will have two trade mark applications with the same trade mark and the same priority date of the first (parent) application (provided that all relevant criteria are met).
Why make a divisional application?
During the examination of your application the examiner may raise objections to the registration of your trade mark. To overcome the objections, you might be able to divide your application to allow the trade mark to proceed to acceptance for a limited sub-set of the goods or services claimed in the earlier application, while still being able to progress with the remaining pending application.
If you file a divisional application it will have the priority date of your parent application.
Should you amend goods and services?
A divisional application can only be filed for some of the goods and/or services covered by the parent application. You can not add new goods and/or services to the divisional application. When you file your divisional application you must also specify the goods and/or services that are to remain in the parent application.
You do not need to amend the goods and/or services in the parent application when you file the divisional. The Registrar will amend the statement of goods and/or services of the parent application after receiving the divisional application.
Lapsed parent application
You need to make sure your parent application is still pending at the time you file the divisional application. Applying for a divisional application is not the same as the refiling of an application.
If your parent application lapses the Registrar will not be able to make the amendment of the goods and services.
Divisional of a divisional
You may also be able to have a divisional application from a divisional application.
Last Updated: 23/11/2013