How to file a divisional trademark application [Fact Checked]

Last updated : Sept 4, 2022

What is division of application for trademark?

A divisional application is requesting to divide a trademark application into two or more separate applications. When an office action or opposition has come up against one of the classes, the applicant can divide the multi-class application.

What is divisional trademark?

A "divisional application" is an application for the registration of a trademark which covers some or all of the goods or services which were limited from an original application.

Can you divide a trademark registration?

An applicant may request to divide the application for any reason. A trademark application may be divided into two or more applications. The original application is referred to as the parent application. The newly created application is called the child application.

When can you file a divisional application in us?

When is a divisional application appropriate? The option to file a divisional application arises if an Examiner thinks that your patent application contains multiple inventions and thus issues a Restriction Requirement compelling you to pick one.

How much does it cost to register a trademark?

The cost of registration per application is about Rs. 4000. If any person is registering its brand or register logo under many categories, then he/she have to pay Rs. 4000 per category.

When can you file a divisional patent application in Canada?

A divisional application must be filed within two years of the filing date of the original application or, if the original application is itself a divisional application, within two years of the filing date of the earliest original application.

What is meant by divisional application?

A divisional application is filed to divide a patent application (known as the parent application) into two or more applications. A divisional application allows you to make a separate patent application and keep your priority rights from your parent application.

What is the difference between a divisional and a continuation application?

A divisional application also claims priority based on the filing date of the parent application, but differs from a continuation application in that a divisional application claims a distinct or independent invention "carved out" of the parent application.

Can you file a continuation application after the issue date?

Applicants are encouraged to file any continuing applications no later than the date the issue fee is paid, to avoid issuance of the prior application before the continuing application is filed.

Can I register a trademark without a company?

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

How long does a trademark registration take?

Ans: Trademark Registration is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

What are the documents required for trademark registration?

In addition to the documents identifying the trademarked entity, identity proof, a few declarations, and status papers are required when submitting a trademark registration application. Identity and nationality proof: Votes-id, valid passport, mentioning name and date of birth are required.

What is a co pending application?

The term "co-pending applications" refers to pending applications filed by the same applicant. If an applicant has multiple pending applications, the issues in the applications may be similar.

When can you file a divisional application in Europe?

A divisional application can be filed on any pending European patent application, i.e. at any time up to the day before grant, withdrawal, deemed withdrawal or refusal of the present application.

How often is the Canadian Patents database updated?

Patent Office Databases Full-text documents are available from 1869 forward. This database is produced by the Canadian Intellectual Property Office (CIPO) and is updated weekly.

When can a divisional application be filed in India?

Divisional application or divisional patent application refers to applications filed after the parent application of a patent because of the multiple inventions being mentioned. This divisional application ensures that the inventor's multiple inventions are protected individually.

What is a divisional application Uspto?

A “divisional” application, on the other hand, is one carved out of an earlier application which disclosed and claimed more than one independent invention, the result being that the divisional application claims only one or more, but not all, of the non-claimed independent inventions of the earlier application.

When can you file a divisional application in Australia?

Please note that an Australian divisional patent application can be filed at any time from filing to three (3) months after advertisement of acceptance in the Official Journal.

Can you file a continuation design application?

So it is possible to file a design patent continuation application as long as the parent application is still pending.

Can a PCT application be a continuation application?

Yes, an applicant may file a US continuation-in-part (CIP) application based on an international PCT application that designates the United States [see 35 USC 365(c) and 35 USC 120]. This CIP is also known as a bypass CIP which is distinguishable from a bypass continuation that does not add new matter.

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hello everyone my name is Jason [ __ ] I'll be doing a quick tutorial on how to file a trademark application using our online filing system why profile now in order to use our online filing system you must have a wipe or file account if you don't have a wipe or fire account you can request one if you're not sure how to request one you can check out our previous video and also request a why profile account once you have your WIPO final account the first thing you need to do is go to our website IPO golf dot TT once on our website we proceed to the menu you hover the mouse over the online services option and you would see why Oh fine you click white offer upon clicking Y profile the login screen will load in order for you to log in the online filing system so I will proceed to login seems I typed in wrong potentials good and we are not living once you are logged in it will take us to a dashboard currently we have not submitted any why profile applications so our dashboard is empty the first step in submitting our trademark application once we are logged into the online filing system requires a navigate to the menu and hover our cursor over the submission option where we will see trademark and post filing for this will select trademark another form eluded so that we can start filling out our trademark application the first part of the form has application type this will remain our trademark sign type we have a number of options we have both name and logo we have logo only we have name only auto sound and tri-dimensional for this example we'll be selecting both name our logo as our mark we'll have a name also a logo so a mark name will be let's keep it simple and call it chisel mark translation this will not be applicable in our situation however this is used where if the mock name is a wood in a foreign language you will simply put the meaning of that word in English here disclaimer if any mark transliteration not applicable first either and color description that are a couple farside logo we have a logo for the schmuck so you'll simply click Choose file now please keep in mind that once you select the boat Neiman logo or a logo only option you will get this option here to select a image to upload otherwise this option not be available so it's botany one over for us so you'll select choose file and this is our logo here is selected and once you have finished selecting it we simply click Add and there we go we see our logo appearing before us now keep in mind the online first filing system only accepts logos in the jpeg form now we will proceed to add the applicant details so the applicant will be the owner of the mark and the owner of the mark can be an individual or it can be an organization for this example we leave it as any video the fields legal ID type legal ID number cool registration number and cor additional registration date can be left blank feel free to skip these fields these fields are not required the name of the individual will simply be myself the address legal nature this can also be skipped however if you have a need indicate legal nature you can simply do so by sending us an email at filings a type u dot gov dot city our email address we will put that in as well city you put that in steep knee you can skip that as well country Trinidad and Tobago nationality country turn around Tobago phone number for this tutorial we will not be putting in a phone number however feel free to indicate this information as it's a form of contact information Sept code would not be applicable for us and now we will simply hit save and close as we are finished entering the applicant if we were to click save this applicant will see if and we'll get the option to add another applicant now we'll add the representative details so once you have clicked add a representative will get basically the same options as adding applicant observe this is representative information once again legal ID type legal ID number correlation registration number correlation or initiation date are not applicable as you can see also the information has been filled out already this has been filled out because upon creating or why profile account we indicated that the information we submitted we would also want to use it as our representative information once we do that any application that we are submitting upon are any representative the default information would be the information that you submitted while registering your wife will file a comment however if you wish to change this information feel free to select the relevant fields and make changes as necessary for this example we do not require any changes so we will simply click Save and close and the representative been added nice details so nice has to do with the goods and services that you wished in protection for and we will keep this simple as well if you are not sure which goods on services which needs car CC like there's a handy tool provided by WIPO that you can access through our website you simply go to IP OTT I'm once again Auto on the online services there's WIPO services and we have WIPO goods and services manager we see like that option and it will take us to the Madrid goods and services manager tool provided by WIPO in this search Rock here we can simply search for whatever goods and services our businesses offer that we want to file this trademark for so say for example we sell food we can probably search for food and we have various options for food we should select nice only so that it narrows our options for the nice classification but here we are seeing none of the options are applicable so yes we may sell food but we are much more classified as a restaurant and there we go yeah we see we are four results class for Etrian as we can see here we select the services for providing food and drink temporary accommodation that songs like us we can simply copy we go back to our application we type in the nice grass which is fully tree the goods and services descriptions which is what I copied services from providing food and drink temporary accommodation and we simply hit save and close if it deeper tutorial is required on how to use the goods and services manager you can simply click help and click tutorial and it will take you to a short video on how to use the Madrid goods and services - yeah our flash player is blocked so you also have the option of downloading the video if you desire so I click download I will not download the video but if you need to watch a tutorial and you have flash buy a block similar to how I do then you can download the video good so now that we have our nice application we have more less completed our trademark application however I will just go through one or two things that may be applicable to you while filing your trademark application we have priority details if we were to click new we will see we have some options here now priority details has to do it if we are filed our mark in another country and we wish to get the filing deed from that date when we filed in the other country we can select to get priority filing in which case we need to fill out this informat

Thanks for your comment Adolph Blubaugh, have a nice day.
- Stephania Colbeth, Staff Member

hey this is attorney elizabeth potts weinstein and today we're going to talk about how to file your own trademark application with the united states patent and trademark office including a step-by-step tutorial of exactly how to do it on the uspto.gov website in this video i'm assuming that you already have most of the stuff put together for your trademark application and you're ready to go if you don't have that stuff done check out this playlist and you will get all the step-by-step bits of informations and decisions you need to have already done before you get started with your filing so the first thing to do is to go to the uspto.gov website here we have the website for uspto.gov united states patent and trademark office if you go under trademarks you can go to apply online under apply online are a bunch of different categories for forms now if you're just filing for the first time you're going to be doing the initial application form but there's also all the other forms are accessible here so if you need to respond to something from the trademark office file your intent to use forms which i will talk about later change your address any of that kind of stuff you can find those forms here so you're gonna go to initial application forms now with the united states patented trademark office there's one online application system but you have two different categories of filings one is the plus and the other is the standard there's a number of differences between them but the biggest difference besides one of them being less expensive than the other is that with the plus you have to select from a list of classes and with the standard you can make up your own class or description of your products and services i highly recommend that if it's at all possible you select the plus not just to save money but because if you are picking your class from a list of classes you're going to have formatted it correctly and also will make it much faster and easier for them to approve your application the only time we really use this standard is if what my client is doing we just can't find anything on the list that is even remotely applicable or we're applying the united states basing it upon a foreign application from another country and their descriptions are so different we want to use their descriptions here in this filing to the extent possible there are also additional statements that are required in the plus application that you must make at the time of application the ones that typically come up the most are the name of a living person or that your trademark includes reference to a specific geographic area so i can file a trademark with my name in it however i have to give permission to myself to file that application so this is something to be aware of if you're doing a plus application this list also applies to you not just the class selection so let's say we're ready to apply so we're going to start the application the next thing you're going to need to do is to log in if you don't have a login and email for the uspto.gov then you can create one otherwise you need to log in with you log with an email address a password they also have a second level of authentication the next screen you come to is the beginning of the application there is a video that you can watch i recommend doing that because it's always great to get more information and this is a dynamic application so when you select things it will change what the next questions are also be aware that if you have inactivity it will log you out you can save your session though and come back to it later and that's what this is about if you save your session then you have to upload a file to create it back in so here i'm going to pretend that i'm not an attorney filing the application i'm going to pretend that i'm doing this myself and i'm gonna pretend i'm doing a t e t e a s plus application so the first screen is who is the owner of this trademark now if you are a sole proprietorship then or you're filing as an individual inventor then it will be you but if you have an llc or a corporation it'll probably belong to that business instead of you personally so let's say my i have a llc called potsfeinstein llc and that's going to be the owner of the mark then i click limited liability company for the entity type and it's going to change what some of these questions are so it will take a minute to load now i have to select what state it's in or if it's not in the u.s then you select this sometimes i run into an issue where someone has a business that's from another country and so they so their entities are have different names but the trademark office does have places for you to put that information to now we're going to put the mailing address main street this is a made up address well it might actually exist but that's not my address okay now domicile address this is something that's very important for anybody who is using their mailing address that's not your physical location you have to have a physical location address in here this physical location address will not appear on the publicly available database so you don't have to worry about that from a privacy perspective but you have to have an address so they know that you're physically located here in the united states if you are not physically located here in the united states then you're gonna have to have an attorney who's located here to represent you i don't necessarily think that rule is fair but that's just the rule so let's assume that this is actually my physical location you can put in a phone number and fax number you don't have to put in a phone number but sometimes the trademark examiner will call you because you messed up something your application that is relatively straightforward to fix so if you don't put a phone number in here there's nobody they can call they might email you but some examiners are not into email otherwise they'll have to issue an office action which is a lot more complicated so i'm going to put in an email address this is my business email address you can also put in the website for your business i recommend doing this so when they do a search and you come up for your own trademark they know that it's you so i'm gonna put in my website address then i hit continue it's going to look at everything i filled out and give me information about things that i missed or i messed up in the filing so it tells me that i did not enter a telephone number i'm just going to skip it for right now but generally i'd recommend putting in one it does not get listed publicly so you don't have to worry about that now i can finally put in my trademark so i'm going to use the trademark that we talked about in one of the other videos which is irene whoops i on the trail this is a person who has a business about hiking irene is not this person's name irene they're using as an abstract concept now here's special standard characters special form sound mark those are the different kinds of trademarks so a special form a lot of times would be a logo i'm not going to go into sound marks that's fairly rare for someone to do but th

Thanks sutaneA your participation is very much appreciated
- Stephania Colbeth

About the author

Stephania Colbeth

I've studied marxism at Oregon Health & Science University in Portland and I am an expert in mechanochemistry. I usually feel giggly. My previous job was doctor I held this position for 29 years, I love talking about watch making and walking. Huge fan of The Kardashians I practice sport climbing and collect beer cans.