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If an application is beyond 21 months, can they refile and claim a divisional?

April 26, 2017application claim divisional months refile

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If an application is beyond 21 months, can they refile and claim a divisional?

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Divisionals cannot amount to refiling of an application. Some goods or services will have to be omitted from the specification when filing a divisional for the same trade mark. The divisional application must be filed before the parent application lapses.