Trademarks Act

Marginal note:Divisional application

• 39 (1) After having filed an application for the registration of a trademark, an applicant may limit the original application to one or more of the goods or services that were within its scope and file a divisional application for the registration of the same trademark in association with any other goods or services that were

  • (a) within the scope of the original application on its filing date, determined without taking into account subsection 34(1); and

  • (b) within the scope of the original application on the day on which the divisional application is filed, if the divisional application is filed on or after the day on which the original application is advertised under subsection 37(1).

• Marginal note:Identification

  (2) A divisional application shall indicate that it is a divisional application and shall, in the prescribed manner, identify the corresponding original application.

• Marginal note:Separate application

  (3) A divisional application is a separate application, including with respect to the payment of any fees.

• Marginal note:Filing date

  (4) A divisional application’s filing date is deemed to be the original application’s filing date.

• Marginal note:Division of divisional application

  (5) A divisional application may itself be divided under subsection (1), in which case this section applies as if that divisional application were an original application.