T.M.E.P. § 1110.06
Dividing an Application Subject to a Proceeding at Trademark Trial and Appeal Board

Executive summary:

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.

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1110.06 Dividing an Application Subject to a Proceeding at Trademark Trial and Appeal Board

A request to divide may be filed during an opposition, concurrent use, or interference proceeding upon motion granted by the Trademark Trial and Appeal Board. 37 C.F.R. 2.87(c). When an application is the subject of a proceeding before the Board, any request to divide should first be referred to the Board for appropriate action. If the Board determines that the request to divide should be granted, the Board will refer the request to the ITU Unit with instructions for dividing the application. The ITU Unit will process the request and then return the application to regular processing. See TBMP §516.