TMEP 1110.01: Application May Be Divided

October 2017 Edition of the TMEP

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1110.01    Application May Be Divided

Under 37 C.F.R. §2.87(a), an applicant may divide the application into two or more separate applications upon payment of the applicable fees.  When dividing an application, the applicant preserves the filing date for all the goods/services covered by the application.  See 37 C.F.R. §2.87(b) and TMEP §1110.02 regarding the fees for a request to divide.

An applicant may request division of an application for any reason.  For example, in an intent-to-use application, the applicant may wish to proceed to publication or registration with the goods/services on or in connection with which the applicant has used the mark in commerce and retain an active intent-to-use application for any remaining goods/services.

The applicant must file a request to divide if the applicant files an amendment to allege use before making use on all the goods/services for which applicant seeks registration under §1(b), or a statement of use before making use on all the goods/services specified in the notice of allowance for which applicant seeks registration. 37 C.F.R. §§2.76(c), 2.88(c); TMEP §§1104.03(a), 1109.03.