TMEP 1110.03: Time for Filing Request to Divide

This is the October 2015 Edition of the TMEP

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1110.03    Time for Filing Request to Divide

An applicant may file a request to divide at any time between the filing of the application and the date the examining attorney approves the mark for publication; or 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)(1).

A request to divide a §1(b) application may also be filed with a statement of use, or at any time between the filing of a statement of use and the date the examining attorney approves the mark for registration. 37 C.F.R. §2.87(c)(2).

In a multiple-basis application, a request to divide out goods/services having a particular basis may also be filed during the period between the issuance of the notice of allowance and the filing of the statement of use. 37 C.F.R. §2.87(c)(3).

If the USPTO receives a request to divide at any other time, the USPTO will deny the request, and refund any fees submitted with the request.