Motion to Divide Application or Registration

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06.09.15

By Leslie Ruiter

It is not unusual in a TTAB proceeding that only a portion of the goods or services are in dispute. Where not all classes in a multi-class application are being opposed, or not all goods in a single-class application are being opposed, the applicant can move to divide the application or registration. The motion can be filed at any time during the proceeding, according to Trademark Rule 2.87, 37 C.F.R. Sec. 2.87; TBMP Sec. 516. Such a motion can also be used when there is a change in the ownership as to some but not all of the goods or services in an application.  Note, however, that a separate fee must be paid for each new trademark application created by dividing the goods or services.

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