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Division of Trademark Applications

Division of Trademark Applications
During the examination stage of trademark application, an application can be divided for certain reasons. There are generally two types of trademark application divisions.

Division of Specification
An applicant may choose to file a divisional application for the following reasons:-
– If the goods/services of the original trademark application are in conflict with certain prior trademark registration(s) and have attracted a ground for rejection from the Trademarks Registry, the applicant may decide to divide the conflicting goods/services from the original application so that the divided application can proceed to acceptance; or
– If an opposition is filed against the original trademark application, the applicant may also decide to divide the conflicting goods/services to allow the divided un-opposed application to proceed to registration.

Division of Series of Trademarks
In Hong Kong, it is acceptable to apply to register two or more variations of your trademarks in a single application forming a series of trademarks under certain criteria, this is known as making a series trademark application.

However, if the Trademarks Registry considers the trademarks do not resemble each other in material particulars and does not accept that they belong to the same trademark series, it would raise objection and require the original trademark application to be divided into two or more separate divisional applications before it would allow the application(s) to proceed to next stage of the trademark application.

In that case, the applicant would have to decide whether to comply with the official requisitions. If the original application is divided, each divisional application will be treated as an individual application by itself.

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Benny Kong & Tsai, Solicitors

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