According to Article 22 of the new Implementing Regulations of
China Trademark Law which came into effect on May 1, 2014, if China
Trademark Office rejects a trademark application in respect of
partial designated goods, the applicant can request to have the
application with the provisionally approved items divided to be
another application with reserved original filing date.
On August 20, 2014, the China Trademark Office (CTMO) published
notes to detail how division of application is implemented.
The CTMO will attach a form of Division of Application when it
issues Notification of Partial Rejection of Application.
If the applicant requires a division, the executed Division of
Application must be submitted to the CTMO within 15 days of the
receipt of the CTMO's Notification of Partial Rejection of
Application. If it is not submitted within the prescribed period,
the applicant is deemed to disagree with the division.
After the division, the application with the provisionally
approved items will generate a new application to be published with
a new filing number but reserved original filing date; and the
original filing number will be reserved for the application in
respect of the blocked items due to the partial rejection, for the
purpose of appeal proceeding before China Trademark Review and
Adjudication Board (TRAB) or other subsequent proceedings.
Each application for registration can be divided once only in
the proceeding of rejection in respect of partial designated goods
or services. Division is not applicable in other proceedings.
There is no official fee for division of application.
Once filed, the divisional application is irrevocable.
Additionally, we would like to mention that, if the applicant
does not want a division but file an appeal against the partial
rejection within 15 days of the receipt of the notification, the
application with the provisionally approved items cannot move
forward to publication and registration before the TRAB makes a
decision on the appeal. However, if no appeal is lodged within the
prescribed period, the application with the provisionally approved
items will be automatically arranged for publication and
Therefore, whether to file a divisional application and/or an
appeal against the partial rejection will mainly depend on an
analysis of what is approved and what is blocked on the
specification when the partial rejection is issued.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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