TMEP 1615: Division of Registrations

October 2017 Edition of the TMEP

Previous: §1614 | Next: §1615.01

1615    Division of Registrations

37 C.F.R. §2.171(b) Partial change of ownership.

  • (1) In a registration resulting from an application based on section 1 or section 44 of the Act, if ownership of a registration has changed with respect to some but not all of the goods and/or services, the owner(s) may file a request that the registration be divided into two or more separate registrations.  The assignment or other document changing title must be recorded in the Office.  The request to divide must include the fee required by §2.6(a)(8) for each new registration created by the division, and be signed by the owner of the registration, someone with legal authority to bind the owner (e.g., a corporate officer or general partner of a partnership), or a practitioner qualified to practice under §11.14 of this chapter, in accordance with §2.193(e)(2) of this chapter.
  • (2)
    • (i) When the International Bureau of the World Intellectual Property Organization notifies the Office that an international registration has been divided as the result of a change of ownership with respect to some but not all of the goods and/or services, the Office will construe the International Bureau’s notice as a request to divide.  The Office will update Office records to reflect the change in ownership, divide out the assigned goods and/or services from the registered extension of protection (parent registration), and publish notice of the parent registration in the Official Gazette.
    • (ii) The Office will create a new registration number for the child registration, and enter the information about the new registration in its automated records.  The Office will notify the new owner that the new owner must pay the fee required by §2.6 to obtain a new registration certificate for the child registration.  It is not necessary for the new owner to file a separate request to divide.
    • (iii) The Office will not divide a registered extension of protection unless the International Bureau notifies the Office that the international registration has been divided.

A registration may be divided only if ownership of the registration has changed with respect to some, but not all, of the goods/services/classes. 37 C.F.R. §2.171(b).  Requests to divide registrations are processed in the Post Registration Section.

See TMEP §1615.01 regarding division of registrations based on applications under §§1 and 44 of the Trademark Act, and TMEP §1615.02 regarding division of registered extensions of protection.