T.M.E.P. § 1615.01
Division of Registration Based on Application Under ¤1 or ¤44 of the Trademark Act

Executive summary:

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1615.01 Division of Registration Based on Application Under §1 or §44 of the Trademark Act

If ownership of a registration has changed with respect to some but not all of the goods/services, the owner may file a request that a registration be divided into two or more separate registrations. 37 C.F.R. 2.171(b).

The party requesting division must: (1) record the assignment with the Assignment Services Division of the USPTO; (2) file a request to divide; and (3) pay the fee required by 37 C.F.R. 2.6(a)(8) for each new registration created by the division. 37 C.F.R. 2.171(b). If the request does not meet these requirements, the Post Registration examiner will issue an Office action granting the party who filed the request six months in which to comply with the requirements of the rule. If there is no response, the request to divide will be dismissed.

A party who requests division of a registration issued under the old U.S. classification system (see TMEP §1401.02) must agree to adopt the international classification system for both the parent and child registration. See TMEP §1609.04 regarding amendment of classification.

Once the registration is divided, the USPTO will create a new registration number for the child and send new registration certificates to both the assignor and assignee.

A registration may be divided more than once.