When the Trademark Office issues the Notice of Partial Rejection of Trademark Registration Application to the applicant, it will be accompanied by an application for division of trademark registration application.
According to the specific requirements in the remarks of the application for trademark registration, fill in the original attached by the trademark office and sign and seal it.
The applicant shall, within 15 days after receiving the Notice of Partial Rejection of Trademark Registration Application from the Trademark Office, directly submit or mail the original application back to the Trademark Office, and file a divisional application with the Trademark Office.
Trademark office review. If it meets the requirements, the original registration application will be divided into two parts, some of which will be approved, and a new application number will be generated, the original application date will be retained, and a preliminary approval announcement will be issued; For the rejected part, the original application number is retained, and the applicant can continue to claim rights through subsequent procedures such as rejection and review. If it does not meet the requirements, it shall be deemed that it does not agree to the division, and a partial rejection decision shall be made after the legal proceedings are over, and then some approval parts shall be announced.
If the applicant applies for a chamber, no fee is required.
Note: The application for division of trademark registration submitted by the applicant shall be the original attached by the Trademark Office, and any column content shall not be altered, otherwise it shall be deemed as not being divided. Once the divisional application is submitted, it cannot be withdrawn.
There are three situations of trademark division:
Without reexamination, the Trademark Office will automatically divide the part that has entered the preliminary examination and the part that has not been approved for registration.
Where a trademark that needs to be rejected for reexamination is eager to use the part that has been reexamined, it may apply for rejection of reexamination and manual division at the same time.
If you want to do a rejection review and don't want to apply for a division, then the part of the trademark that has passed the review will not enter the preliminary examination and announcement period, and you need to wait for the review result of the whole trademark before you can enter the subsequent trademark registration procedure.