The Trademark Office of the State Administration for Industry and Commerce of the People’s Republic of China announced publicly on August 20, 2014 the Service Descriptions and Considerations on Divisional Application of Trademark Registration is as follows:

  1. Service Procedures
  1. The Chinese Trademark Office (CTMO) will send an Application Form for “Divisional Application for Trademark Registration” along with a “Notice of Partial Rejection of Trademark Registration” to the applicant.
  2. If filing for a divisional application, the applicant should fill out and sign/seal the Application Form sent by the CTMO, according to the requirements indicated by the “Notice of Partial Rejection of Trademark Registration.”
  3. The applicant or his agent shall submit directly or send by mail the original copy of the “Divisional Application for Trademark Registration” form to the CTMO within 15 days after the receipt of the “Divisional Application for Trademark Registration” and the “Notice of Partial Rejection of the Trademark Registration Application.” No application is necessary if the applicant decides to not divide the application.
  4. The Trademark Office will carry out an inspection of the “Divisional Application for Trademark Registration” form and other relevant certificates and/or documents submitted by the applicant or his agent.5. The official fee for the Divisional Application for Trademark Registration shall be waived.
  1. Requirements for Fill-out
  1. If submitted directly, the applicant shall seal or sign in the field "Stamp (Signature) of Applicant" on the application form. If submitting via an agency, the agency shall seal in the field of "Stamp of Agency" on the application form, and the trademark agent shall sign in the field "Signature of Agent" on the application form.
  2. Relevant certificates shall be submitted for the following circumstances:
    1. Where the name of the applicant is changed, the original copy of relevant certification of such change or a notarized copy thereof shall be submitted as an attachment;
    2. Where the agency is changed, relevant certificate(s) that proves the applicant has already applied with and accepted by the CTMO for the change of trademark agent shall be submitted as an attachment. The relevant certificate(s) is normally the copy of the Notice of Acceptance issued by the CTMO.
  1. Considerations

 

  1. A trademark registration is allowed a single division. The Divisional Application can only be applied to the “Notice of Partial Rejection of Trademark Registration” for the designated goods or services, but not to any other procedures.
  2. The “Divisional Application for Trademark Registration” form submitted by the applicant shall be the original copy sent by the CTMO. The content in the fields on the form cannot be altered; otherwise, the divisional application will be disapproved or rejected.
  3. The applicant shall fill out and sign an application form of the “Divisional Application for Trademark Registration” according to the regulation requirements; otherwise, the Divisional Application will be disapproved or rejected.
  4. The applicant shall submit the Divisional Application within the statutory term; otherwise, the divisional application will be disapproved or rejected.
  5. If a Divisional Application is submitted, it cannot be withdrawn.

[Data Source: Trademark Office of the State Administration for Industry and Commerce]