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What is trademark splitting?

Release Time：

2022-08-16

Trademark segmentation is a special case in the process of trademark application, only when the application of trademark is partially rejected, the problem of trademark segmentation will appear. For example, when CCTV applied for the trademark of "Classic Eternal circulation", the trademark was divided.

Trademark segmentation is not a situation that all trademarks will encounter, only when the goods or services specified in the trademark application are partially rejected, that is, the goods or services specified in the application have passed the preliminary examination, and some have been rejected, the problem of trademark segmentation will occur.

After the Trademark Law was amended in 2015, the new Trademark Law allows for segmentation in the case of partial rejection of the trademark. When the application for a trademark is partially rejected, the Trademark Office will issue a "Trademark partial rejection Notice" at the same time will also attach a "Trademark registration application Division Application".

The establishment of the trademark segmentation system is to minimize the harm caused by the dispute when the trademark applicant faces the partial rejection of the trademark, the trademark objection, the dispute, the cancellation and other procedures, which is conducive to the stability of the trademark rights.

Three cases of trademark segmentation

After the trademark is partially rejected, according to the applicant's attitude, there are the following three situations.

01, do not review, automatic segmentation

If the trademark applicant does not make a review, the trademark Office will automatically divide the part of the trademark that has been preliminarily approved and the part that has not been approved for registration. Part of the trademark preliminary examination of the goods directly into the preliminary examination announcement, three months after the expiration of the announcement and no objection, issued a trademark registration certificate, to be registered. In short, there is no review, there is no need to make a division application, just wait for the trademark to be certified.

02, do a review, apply for artificial segmentation

If the trademark applicant is not satisfied with the part rejected by the Trademark Office, it is necessary to review the rejection and rush the trademark preliminary examination and approval. The applicant may, in accordance with relevant provisions, apply for review of rejection and manual segmentation. The part of the preliminary approval of the trademark is divided into another application, and a new application number is generated, but the filing date of the original application is retained. The part of the preliminary examination is directly entered into the preliminary examination announcement, the expiration of the announcement no objection, and the trademark certificate is issued. The rejected part of the original application number is retained, and the application is subject to review and litigation proceedings. If the review is successful, enter the announcement of the first instance, the expiration of the announcement and no objection will be issued the trademark certificate. However, the trademark certificate is an old application number, if the review is unsuccessful, it will not be certified.

03, do review, do not apply for segmentation

If the trademark applicant's attitude is to do a review, but is not prepared to apply for partition. Then this part of the preliminary examination of the goods will not enter the preliminary examination announcement, but the whole application to wait for the review results to come out. If the review is successful, the following is still the original application number; If the review is unsuccessful, the scope of approved use under the license is only the part that has passed the preliminary examination of the trademark, and the registration number is still the original application number.

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