1110.04 Form and Processing of Request to Divide
A request to divide can be filed either on paper or through TEAS.
In TEAS, the applicant can file a request to divide directly as part of the TEAS “Allegation of Use” form, but only when the request to divide is limited to the creation of only one child application. If the applicant wishes to create more than one child application, or if the request to divide is being made in a context other than an “Allegation of Use” scenario, the applicant can still file electronically by doing the following: (1) choose the “Miscellaneous Forms” offering within TEAS, and (2) select therein the “Request to Divide Application” choice from the list of forms. A “Request to Divide Registration” offering is also available in the “Registration Maintenance/Renewal/Correction Forms” category.
A paper request to divide should be made in a separate document from any other amendment or response in the application. The title “Request to Divide Application” should appear at the top of the first page of the document. 37 C.F.R. §2.87(d).
All requests to divide must be immediately referred to the ITU/Divisional Unit for processing, unless the application is the subject of a proceeding before the Trademark Trial and Appeal Board. See TMEP §1110.09 regarding requests to divide applications that are the subject of a proceeding at the Board.
In pending applications in which a request to divide is filed, the ITU/Divisional Unit will process the request to divide and ensure that the USPTO records reflect current ownership information. Because the assignment records of the parent application do not appear in the newly created child application, the ITU staff will place a copy of the Trademark Assignment Abstract of Title for the parent application in the trademark records of the child application. The abstract will be viewable via the Trademark Image Capture Retrieval System (“TICRS”) and the Trademark Status and Document Retrieval (“TSDR”) portal on the USPTO website at http://tsdr.uspto.gov/. The assignment information in the parent application will remain accessible via the assignment database on the USPTO website at http://assignments.uspto.gov/assignments. After the request to divide is processed and the child application is created, any new recordations in the child application will appear in the assignment database. See TMEP §501.06 regarding partial assignments.