On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 01/01/2012.
17.
—(1) Subject to the provisions of this rule, an application for registration of a trade mark (referred to in this rule as the original application) made on or after 2nd July 2007 may, at the request of the applicant made on Form TM 8 at any time after the date of the original application but before the registration of the trade mark, be divided into 2 or more separate applications for registration of the trade mark.
(2) Where the original application is made in respect of 2 or more goods or services, a request under paragraph (1) may be made to divide the original application into 2 or more separate applications, each in respect of —
(a)
one or more classes of those goods or services, being classes of goods or services to which the original application relates; or
(b)
one or more of those goods or services included in one or more of the classes of goods or services to which the original application relates.
(3) Where the applicant makes a request under paragraph (1), the request shall contain, for each separate application and each class of goods or services in respect of which that separate application is made, a specification in accordance with rule 19 setting out the goods or services to which that separate application relates.
(4) Upon the division of the original application into 2 or more separate applications —
(a)
each separate application shall have the same date as the original application;
(b)
any notice of opposition to the registration of any trade mark which is a subject of the original application shall —
(i)
if the notice relates only to some (but not all) of the goods or services in respect of which the original application is made, be treated as having been given in relation only to each separate application made in respect of any of the goods or services to which the notice relates; or
(ii)
subject to sub-paragraph (i), be treated as having been given in relation to all of the separate applications,
and the opposition proceedings shall continue as if the notice had been so given; and
(c)
any notice given to the Registrar under section 41(3) of the Act shall —
(i)
if the notice relates only to some (but not all) of the goods or services in respect of which the original application is made, be treated as having been given in relation only to each separate application made in respect of any of the goods or services to which the notice relates; or
(ii)
subject to sub-paragraph (i), be treated as having been given in relation to all of the separate applications.