As of June 17, 2019, trademark applicants will be able to divide a trademark application into two (or more) applications. Why is this useful? The ability to divide a trademark application may come in handy, in cases where:
the Office raises an objection in relation to certain of the goods and services claimed in the application
an opposition is filed against the application
In such cases, the applicant may wish to divide out some of the goods and services into a divisional application so that the original application may proceed to registration for the remaining goods and services.
A divisional application will be treated as a distinct application (meaning that separate fees will apply for registration or renewal). However, the application filing fees, if paid for the original application, will be considered to have been paid for the divisional application(s).
Both the original application and the divisional application will have the same filing date, regardless of when the divisional application is created.
Divisional applications may also be divided. And, if that is not confusing enough, divided applications may be merged post-registration! This level of flexibility is highly welcome in Canada as several other jurisdictions permit divisional applications.
For more information on divisional applications please contact Paula Clancy