T.M.E.P. § 1110.01
Time for Filing Request to Divide
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1110.01 Time for Filing Request to Divide
An applicant may file a request to divide the application at any time between the filing of the application and the date the examining attorney approves the mark for publication; or during an opposition, concurrent use, or interference proceeding upon motion granted by the Trademark Trial and Appeal Board. A request to divide a §1(b) application may also be filed with a statement of use or at any time between the filing of a statement of use and the date the examining attorney approves the mark for registration. 37 C.F.R. 2.87(c). If the Office receives a request to divide at any other time, the Office will deny the request to divide, and refund any fee(s) submitted with the request.