[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.87]

[Page 284]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 2--RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.87  Dividing an application.

    (a) An application may be physically divided into two or more 
separate applications upon the payment of a fee for each new application 
created and submission by the applicant of a request in accordance with 
paragraph (d) of this section.
    (b) In the case of a request to divide out one or more entire 
classes from an application, only the fee under paragraph (a) of this 
section will be required. However, in the case of a request to divide 
out some, but not all, of the goods or services in a class, an 
application filing fee for each new separate application to be created 
by the division must be submitted, together with the fee under paragraph 
(a) of this section. Any outstanding time period for action by the 
applicant in the original application at the time of the division will 
be applicable to each new separate application created by the division.
    (c) A request to divide an application may be filed at any time 
between the filing of the application and the date the Trademark 
Examining Attorney approves the mark for publication; or during an 
opposition, concurrent use, or interference proceeding, upon motion 
granted by the Trademark Trial and Appeal Board. Additionally, a request 
to divide an application under section 1(b) of the Act may be filed with 
a statement of use under Sec. 2.88 or at any time between the filing of 
a statement of use and the date the Trademark Examining Attorney 
approves the mark for registration.
    (d) A request to divide an application should be made in a separate 
paper from any other amendment or response in the application. The title 
``Request to divide application.'' should appear at the top of the first 
page of the paper.

[57 FR 38196, Aug. 21, 1992; 57 FR 40493, Sept. 3, 1992, as amended at 
63 FR 48097, Sept. 9, 1998]

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