T.M.E.P. § 1403.03
Dividing of Combined or Multiple-Class Application

Executive summary:

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1403.03 Dividing of Combined or Multiple-Class Application

A delay in registration of one class in a multiple-class application will mean delay for the entire application. In such a situation, upon payment of the applicable fee, the applicant may request the Office to physically divide the application into separate applications. These new applications are assigned new serial numbers and cross-referenced with the original application. The additional separate applications are given the same filing date as the original application.

The following are examples of situations when an applicant may want to have a class or classes divided out into one or more separate applications:

(1) Registration is refused in less than all the classes;

(2) A notice of opposition is filed against goods in one class but not against the goods in the other class(es); and

(3) The applicant in a §1(b) application begins using the mark in commerce on goods or services in less than all the classes.

When a multiple-class application is divided, the application is separated or divided into individual files. See TMEP §§1110 et seq. for information about dividing an application.