1110.09 Dividing an Application Subject to a Proceeding at Trademark Trial and Appeal Board
A request to divide may be filed 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). When an application is the subject of a proceeding before the Board, any request to divide must first be referred to the Board for appropriate action. If the Board determines that the request to divide should be granted, the Board will refer the request to the ITU/Divisional Unit with instructions for dividing the application. The ITU/Divisional Unit will process the request and then return the application to regular processing. See TBMP §516.
See TBMP §§1205.02–1205.02(b) regarding the filing of a request to divide filed with or after an appeal.