7. Can the divisional details be deleted from a valid divisional application?

Applicants occasionally file a divisional application in order to keep the earlier filing date and to allow themselves more time to prosecute the trade mark application. This may, in effect, allow the applicant more time to gather evidence of use which shows that the trade mark is in order for acceptance under section 41 or under subsections 44(3) or (4).

• If, however, the trade mark applicant decides that they would prefer a standard application rather than a divisional application the applicant can: at filing, omit any reference to a divisional and parent application, or

• at a later stage, request deletion under subsection 65(7) of the divisional references from the later application.

Both of these actions would have the effect of the later application reverting to a standard application and it will not have the filing date of the earlier (parent) application.