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6.1 What is the meaning of trademark division?

Division of a trademark means the division of the goods/services designated for a trademark. It does not mean the change of the representation of a trademark. To comply with the multi-class application system and for the flexible utilization of trademark rights by the right holder, an applicant may file an application for division of a trademark either before its approval or after its registration.
If there is any doubt about the registrability of part of the classes of the goods/services or part of the goods/services designated for the trademark application, or if some of the goods/services have been assigned, an application for division of the original application may be filed.
After a trademark has been registered, division of the trademark rights may be made because of any license, pledge creation, assignment or dispute case, so as to ensure the rights to each single trademark and the scope of use thereof, or to maintain the trademark rights that are not in conflict with others. (§31Ⅲ;§38Ⅲ, Trademark Act)
  • Publish Date : 2008-04-23
  • Update : 2019-03-25
  • Organization : International Legal Affairs Office
  • Visitors : 594

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