Question:
I have two questions about divisional trademark applications in China:
1) If the designated goods or services in the original application are described using broader terms, can narrower terms be used in the divisional application?
2) A divisional application retains the original filing date. Can the application be divided an unlimited number of times?
Answer:
For question 1, the answer is no. The designated goods or services of the divisional application must be included in the original application and cannot be amended. Narrower terms therefore cannot be introduced when filing the divisional application.
For question 2, the answer is also no. A divisional trademark application cannot be subdivided in China. A trademark application may be divided only once, and only in the procedure following a Trademark Office refusal for some of the designated goods or services. Division is not available in other procedures.