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559A PDFTitle:TRADE MARKS RULESGazette Number:L.N. 30 of 2003; L.N. 31 of 2003
Rule:27Heading:Request to divide application (s. 51(1)(a) of the Ordinance) (Form T3) (Fee No. 6)Version Date:04/04/2003

Division

(1) At any time after an application for registration of a trade mark is assigned a filing date under section 39 of the Ordinance and before the registration of the trade mark, the applicant may file a request on the specified form to divide the application (the "original application") into 2 or more separate applications (the "divisional applications"), indicating for each divisional application the specification of goods or services to be covered by that application.
(2) Each divisional application must claim the same protection under the Ordinance as the original application (for example, for protection as a defensive trade mark).
(3) On the division of the original application, each divisional application shall be treated as a separate application for registration with the same filing date as the original application.
(4) On the division of the original application, any notice of opposition filed under rule 16 or notice of objection filed under rule 26 in relation to the original application shall-
        (a) where the notice of opposition or notice of objection relates only to some of the goods or services covered by the original application, be treated as having been filed in relation to each divisional application the specification of which covers any of those goods or services; and
        (b) in any other case, be treated as having been filed in relation to each of the divisional applications,
and the proceedings on the opposition or objection shall continue accordingly.
(5) On the division of an original application in relation to which a notice or request relating to the grant of a licence or a security interest or any right in or under the original application has been filed under rule 62 or 64, the notice or request shall-
        (a) where the notice or request relates only to some of the goods or services covered by the original application, be treated as having been filed in relation to each divisional application the specification of which covers any of those goods or services; and
        (b) in any other case, be treated as having been filed in relation to each of the divisional applications.