Annex A1 Divisional Checklist (for divisional applications filed on or after 27 March 2007)

Date Published

Answer YES or NO to each of the questions in the following checklist.

If the answer to any of the questions 1-5 is NO, it is not a valid divisional application.

Yes/No

Section

1. Is the applicant of the divisional application the same as the current applicant of the parent application?


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2. Was the divisional filed while the parent was still pending? Pending includes status “accepted” and status “opposed”.


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3. Is the trade mark the same as the trade mark of the parent?


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4. Are the goods/services of the divisional some only of the goods/services of the parent?


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5. Has the applicant specified the goods/services that are to remain in the parent application?


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If the answer to ALL of the questions above (1-5) was YES AND the parent application has not lapsed proceed to question 6.



6. Are any of the goods/services of the divisional duplicated in or encompassed by the goods/services specified to remain in the parent?

If the answer to question 6 is yes, the applicant must generally either:

a. if possible, agree to the goods or services of the parent being restricted so as to exclude the goods or services of the divisional; OR

b. delete reference to the divisional priority date.



Amended Reasons

Amended Reason Date Amended