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THE PRINCIPLES FOR HANDLING SPIN-OFF GOODS


Jane H. C. Chen

On 16 April 2000 the IPO announced the Prin-ciples for Handling Spin-off Goods from a Pending Trademark Application. The main content is as follows:

  • If the goods designated in a trademark appli-cation include goods falling into other classes, the applicant will be requested to delete such goods from the original application. But he may file separate applications in other classes, to cover the deleted goods, with the original filing date. According to previous practice, the applicant could not enjoy the original fil-ing date for such applications in other classes.


  • Where the same person simultaneously files trademark applications for goods in different classes but with the same trademark design, if the goods designated in one application should be shifted into another application, the appli-cant may, by way of amendment, delete such goods from the former application and add them to the latter, normally without affecting the filing date and paying additional fees. However, if such amendment increases the number of goods designated in the latter ap-plication beyond the maximum for the charge band in which fees were paid, the applicant will have to make up the difference.

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