T.M.E.P. § 1110.02
Fee for Filing Request to Divide
This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.
For more information on trademark law, please see the Trademark Section of BitLaw.
1110.02 Fee for Filing Request to Divide
A request to divide out one or more entire classes from an application must be accompanied by a fee for dividing the application. This fee is based on the number of new applications created by the division. 37 C.F.R. §§2.6(a)(19), 2.87(a), and 2.87(b).
A request to divide out some, but not all, of the goods or services in a class must be accompanied by the fee for dividing the application, based on the number of new applications created, and by an application filing fee for each new separate application created by the division. 37 C.F.R. §§2.6(a)(1), 2.6(a)(19), 2.87(a) and 2.87(b). Currently, a request to divide cannot be filed through TEAS. Therefore, the applicant must pay the paper application filing fee. 37 C.F.R. 2.6(a)(1)(i). See notice at 70 Fed. Reg. 2952 (Jan. 19, 2005).
If the request to divide does not include the required fee(s), the ITU/Divisional Unit will notify the applicant of the deficiency and grant the applicant time to submit the required fees. The applicant must submit the fee within the time permitted, or the request to divide will be considered abandoned and the application will not be divided. If the applicant does not submit the necessary fees, the ITU/Divisional Unit will notify the applicant that the request to divide is considered abandoned.
See TMEP §1110.04 regarding the application of fees when an applicant files a request to divide in conjunction with a statement of use and/or request for an extension of time to file a statement of use, but submits insufficient fees.