SPIN-OFF GOODS IN TRADE-MARK APPLICATIONS

03/01/2002

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In our May 2001 issue, we reported that where some of the goods designated in a trademark application fall into another class, the applicant may delete these goods from the original appli-cation and file separate applications to cover the deleted goods, with the same filing date as the original application. The IPO now further allow goods of the same class to be split off into sepa-rate applications with the original filing date.

For reasons of cost, in practice it is rare for ap-plicants to divide goods of the same class into separate applications. However, if some of the goods conflict with the goods of the cited mark, applicants may consider dividing these conflict-ing goods into a separate application, in order to allow speedier registration of the trademark in respect of those goods for which there is no such conflict.