Division of international trademark registrations

From 1 February 2019, international trademark registrations can also be divided under Rule 27bis of the Madrid Agreement.

The option of dividing a trademark registration is applicable to both registrations in effect and applications pending in the designated country. After the division, the two registrations resulting from the division still have the same owner. Division may be useful for example if your trademark could be accepted for a part of the goods or services covered by the registration, but there are registration obstacles for the rest of the goods and services, which may cause a longer processing time.

How to request division of registration

To divide your registration, file a request with the office of the designated country. Use the form MM22 (Request for the division of an international registration). Enclose a list of the goods and services you want to separate from the basic registration. The goods and services on the list must be grouped based on their classes. The office of the designated country may ask you to give further details where needed. The office can also charge a fee for the processing. The Finnish Patent and Registration Office (PRH) charges the normal application fee of 225 euros for a division request.

Once your division request is formally correct, the office of the designated country will send it to the World Intellectual Property Organization (WIPO) for examination. If your request is considered acceptable, WIPO will register the division and communicate it to the office of the designated country and the applicant.

Merger of international registrations is not possible in Finland

Rule 27ter(2)(a) of the Madrid Agreement about the merger of international trademark registrations will not take effect in Finland. Finland has expressed a reservation about this rule, as the Finnish Trademarks Act does not allow a merger for national registrations or applications, either.

For more information please contact:

Ms Tuulimarja Myllymäki
Head Legal Adviser
Tel. +358 29 509 5399
Email: firstname.lastname@prh.fi

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Latest update 07.02.2019