Trademarks do not necessarily need to be divided. The so-called trademark split is when one application number is submitted to multiple categories. However, during the registration review process, if one of the categories is not granted registration, then a trademark split will occur, but the application will be split into two trademark categories. Then the trademarks with no problems after the trademark division is submitted will be subject to preliminary review, and the trademarks with problems with the same application number can be opposed or abandoned. For trademark division, the trademark office needs to send a document to the agency. There will be instructions. You only need to sign or stamp according to the document, and then the agency will stamp it. After the agent signs, the agency will mail it back to the trademark office.

The reason why trademark rights can be divided is because the scope of exclusive rights of trademarks is bounded by the designated goods and the approved trademark signs, so trademark rights can be regarded as a bundle of rights. This bundle of rights is formed based on each designated product. When the trademark applicant or registrant voluntarily divides the trademark into multiple, it is just dividing the original rights into several, but at this time the number The scope of rights of each trademark remains consistent with the original one, so it will not harm the interests of other trademark applicants and the public. Naturally, the law does not deny the need for trademark division.

Legal Basis

Trademark Law Treaty

Article 10 Change of Name or Address

(1) [Change of Registration Holder (a) If the name and/or address of the registered holder remains unchanged, each Contracting Party shall agree that the registered holder or his agent shall request the competent trademark authority in his/her When a change is registered in the trademark register, the registration number of the relevant registration and the content of the requested change shall be stated in the letter. Regarding the form of submission of the application, no Contracting Party shall reject the application under the following circumstances:

(1) For an application submitted in writing, subject to subparagraph (c), the form used is equivalent to In the application form specified in the Implementing Regulations;

(2) A Contracting Party allows the transmission of documents to the trademark authority by fax and the application is transmitted in this way, provided that it does not violate subparagraph (c) , the paper copy generated by such transmission is equivalent to the application referred to in item (1).

(b) Any Contracting Party may require that in the application:

(1) the name and address of the registered holder;

(2) If the registered holder has an agent, the name and address of the agent;

(3) If the registered holder has a contact address, his contact address.

(c) Any Contracting Party may require that the application must be in a language, or in one of several languages, accepted by the trademark authority.

(d) Any Contracting Party may require payment of fees for change applications to the trademark authority.

(e) Even if the change involves multiple registrations, only one application is required, but the registration numbers of all relevant registrations must be indicated in the application.

(2) [Change of applicant’s name or address] Subsection (1) shall apply mutatis mutandis to changes involving one or more applications, or involving both one or more applications. Multiple applications involve the change of one or more registrations. However, if the application number of any relevant application has not been published or the applicant or his agent is not aware of the application number, the change application shall additionally follow the "Implementing Rules" 》The provisions of this application are clarified.

(3) [Change of name or address or contact address of agent] Subsection (1) shall apply mutatis mutandis to any change in the name or address of the agent (if any) and any changes to the contact address (if any).

(4) [Prohibited other requirements] In addition to the requirements referred to in paragraphs (1) to (3), no Contracting Party shall require that an application referred to in this Article must comply with other requirements, in particular Submission of any proof of changes shall not be required.

(5) [Evidence] When the trademark authority has reasonable doubts about the authenticity of any description contained in the change application, any Contracting Party may request evidence to be provided to the trademark authority.