Trade Marks Rules, 2017
← Trade Marks Rules, 2017
Chapter VIII · Rule 108

Divisional Application

Synced on 03 Sept 2026Text as per India Code

(1) Where an application is made in Form TM-M under proviso to section 22 for the division of a single pending application, the registrar may, on payment of a divisional fee, divide such application into two or more separate applications.

(2) In case of division of application, The Registrar shall treat each divisional application as a separate application for registration with the same filing date as the initial application. 74 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

(3) Any time limit for any action by the applicant in relation to the initial application at the time of division shall be applicable to each new separate application created by division irrespective of the date of the division.

(4) In case of division of application, the Registrar shall assign an additional separate new serial number or numbers, as the case may be, and it shall be cross-referenced with the initial application.

(5) For the removal of doubt, it is clarified that no new registration shall be effected when a single application is divided. On the contrary, application already filed shall be merely separated or divided into individual files.

Judgments on Rule 108