1. Legal Basis

Article 22 of the Implementing Regulations of the Trademark Law allows division where the Trademark Office refuses an application for only some designated goods. The approved portion may be divided into a separate application retaining the original filing date. The applicant must request division from the Trademark Office.

2. Procedure

The Trademark Office sends a Notice of Partial Refusal with a division form. An applicant wishing to divide must return the completed form within 15 days of receiving the notice.

If the request meets the requirements, the original application becomes two applications. The approved goods receive a new application number and proceed to publication for opposition. The refused goods retain the original number and may proceed through refusal review and, potentially, litigation.

3. Choosing Whether to Divide

No review, no division: if the applicant does not challenge the refusal, the approved portion proceeds to publication and registration if no opposition is filed within three months. Division is unnecessary.

Review without division: if the applicant challenges the refusal but does not urgently need registration for the approved goods, the approved portion can await the review result, then proceed to publication and registration if unopposed for three months.

Review with division: if the applicant seeks review and also wants earlier registration for the approved goods, division allows that portion to proceed independently while review and possible litigation continue for the refused goods.

Because review can take approximately 12 months or longer, division is useful where an early certificate for the approved goods is needed for business planning.

4. Points to Note

An application may be divided only once, and only following partial refusal by the Trademark Office. Division is unavailable in other procedures.

The 15-day deadline after receipt of the Notice of Partial Refusal cannot be extended. A division request cannot be withdrawn once filed.

After division, subsequent fees are charged separately for the two applications.