TMEP 1403.03: Dividing of Combined or Multiple-Class Application

October 2017 Edition of the TMEP

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1403.03    Dividing of Combined or Multiple-Class Application

A delay in registration of one class in a multiple-class application will mean delay for the entire application.  In such a situation, upon payment of the applicable fee, the applicant may file a request to physically divide the original application into separate applications.  These new applications are assigned new serial numbers and cross-referenced with the original application.  The additional separate applications are given the same filing date as the original application.

The following are examples of situations when an applicant may want to have class(es) divided out into one or more separate applications:

  • (1) Registration is refused in less than all the classes;
  • (2) A notice of opposition is filed against goods/services/a collective membership organization in less than all the classes; or
  • (3) The applicant in a §1(b) application begins using the mark in commerce on goods/services/a collective membership organization in less than all the classes.
  • (4) The applicant intends to respond to a refusal by amending to the Supplemental Register as to only certain goods/services/classes in the application. See TMEP §§801.02(b), 816.04.

When a multiple-class application is divided, the application is separated or divided into individual applications.  See TMEP §§1110-1110.11(a) for information regarding requesting to divide an application.