1. Divisional applications - general

Date Published

New provisions for divisional applications came into effect on 27 March 2007. The amended legislation requires a divisional application to specify some only of the goods/services of the parent which must be clearly distinct from those goods/services specified to remain in the parent.

Section 45 and 46 set out the definition and rules relating to divisional applications (filed on or after 27 March 2007). If a single application for registration of a trade mark is pending (parent application), the applicant may make another application (divisional application) for the registration of the trade mark in respect of some only of the goods and/or services for which registration is sought under the parent application. For divisional applications filed prior to 27 March 2007 the former provisions apply.