What Is a Divisional Trademark Application?
Sometimes part of a trademark application is ready to register while the rest is stuck — waiting on proof of use, or held up by a refusal or opposition. A divisional application lets you split the filing so the ready part can move forward. Here is how dividing an application works and when it makes sense.
Free Trademark Search →What is a divisional application, and why divide?
A divisional application splits a single trademark application into a "parent" and one or more "child" applications, letting part of your filing proceed to registration independently. The most common reason is a multiple-class or long goods list where some items are ready and others are not — dividing lets the ready goods register now instead of waiting for the whole application to catch up. Owners also divide when only part of an application is refused or opposed, or when ownership of some goods is being transferred to another party. Governed by 37 C.F.R. §2.87, each child application keeps the original application's filing date and priority, so you lose nothing by separating. Choosing the right USPTO classes up front reduces the need to divide later.
When should you file a Request to Divide?
You file a Request to Divide with the USPTO whenever separating goods, services, or classes gets a ready portion to registration faster. In an intent-to-use application, this often happens when you can file a Statement of Use for some goods but not others — you divide out the in-use goods and submit the Statement of Use for them. It is also used to rescue an unopposed class from an opposition aimed at a different class. Timing rules apply, so many owners confirm the right window before filing rather than dividing too early or too late.
How much does dividing an application cost?
Dividing is not free. The USPTO charges a filing fee for each new child application created, calculated at the standard $350-per-class rate for the classes moved into it. Because fees are assessed per class, dividing a two-class application into two single-class applications means paying the per-class fee for each new application. Secure Mark USA files trademark applications from $99 plus the $350-per-class USPTO fee, so you always know the government cost up front. Weigh those extra fees against the value of getting part of your mark registered sooner.
Not sure how to structure your filing?
A well-structured federal trademark registration with the USPTO turns your brand into protected intellectual property and lasting brand protection — and filing the right classes the first time prevents costly splits later. Secure Mark USA files it for you.
Start Your RegistrationKey takeaways
- A divisional application splits one trademark application into separate "parent" and "child" applications.
- Each child application keeps the original filing date and priority.
- Dividing lets ready goods or classes register while others wait on proof of use or a dispute.
- You file a Request to Divide with the USPTO, and each new application is billed the $350-per-class fee.
- Secure Mark USA files trademark applications from $99 plus the $350-per-class USPTO fee.
Frequently asked questions
Does dividing an application change my filing date?
No. Each child application retains the original parent application's filing date and any priority claim, so your place in line is preserved.
Why would I divide instead of just waiting?
Dividing lets goods or classes that are ready register now, rather than holding the entire application to the slowest item — useful given the roughly 8 to 14 month timeline from filing to registration.
Can I divide an application that has been opposed?
Yes. If an opposition targets only certain classes or goods, you can divide out the unopposed portion so it can proceed to registration while the dispute continues on the rest.
Is there a fee to divide?
Yes. The USPTO charges a filing fee for each new child application created, calculated at $350 per class for the classes moved into it.
Can Secure Mark USA advise me on whether to divide?
Secure Mark USA is a trademark filing service, not a law firm, and does not give legal advice. We can prepare and file your Request to Divide accurately; for strategy questions, consult a licensed attorney.
Helpful resources
Trademark Registration · USPTO Trademark Classes · Intent-to-Use vs. Use in Commerce · Statement of Use · Free Trademark Search
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