Trademarks are an important feature of all businesses, irrespective of what you sell. Most importantly, they act to protect your business’ intellectual property from others. However, trademark applications can be a lengthy and complicated process. Within the process there can be a myriad of issues that may arise from certain aspects of the application. In an attempt to mitigate these issues and move forward with the other aspects, you can fill out a divisional application.
What is it?
A divisional trademark application is filed subsequent to a parent trademark application. Essentially, you are dividing the original application into two or more applications.
Why use one?
When applying for a patent, issues may arise when examining the original application. To make sure the entire application is not halted, apply for a divisional trademark application. This enables you to essentially register certain goods and services already covered under the parent application. Another benefit of a divisional trademark application is that the priority date from the original will be the same for your divisional. Consequently, filing a divisional trademark application spreads and mitigates the risk of time delays so that you can protect your intellectual property quicker.
However, you must make sure you are not adding other goods and services that were not covered in the original application.
What is required before you file an application?
Before you can file a divisional trademark application there are numerous considerations to make. Additionally, you must take care that your application meets all of the requirements. Some of these include:
- Registration of the trademark in the original application same as trademark in divisional
- List some of the goods and services in divisional application
- List goods and services that are staying as a part of original application
- Same applicants
Additionally, the Trade Marks Act 1995 (Cth) lists these factors in section 45 and 46. Once the divisional lists the goods and services remaining in the parent application, the Registrar will amend the original.
How do you file one?
Once you are ready to file your application, you must fill out a form. This is the Application to Register A Trademark Form. The form requires you to enter all the relevant details for your application. Pages 8 and 9 require additional information for divisional trademark applications. Page 9 of the form also has a checklist that you can tick to make sure you have supplied all the required information. This includes stating goods and services you want covered in the divisional application, attaching the trademark etc.
Furthermore, you should make sure you are filing the application within the specified time limits. These time limits depend on what type of patent the original application was for. This is usually either an innovation or standard patent. Additionally, you can find out the specific time limits by visiting IP Australia’s Patent Manual of Practice and Procedure. Finally, if you require more information on how to file a trademark, click here.
Concluding thoughts
Therefore, divisional trademark applications are useful in protecting certain goods and services. It allows you to divide your original trademark application in a manner that is beneficial. If you are having trouble with filing an application, consult a Lawpath lawyer today.
