Until the start of the technical preparations for registration or after registration of the trade mark, the proprietor or his agent may proceed with the division of his initial application or registration.
The declaration of division drawn up for this purpose may only be made on expiry of the period provided for in Article L. 712-4. It may only relate to the list of goods and services designated in the trade mark application or registration. The goods or services in the divisional application or divisional registration may not cover the goods or services remaining in the original application or registration or appearing in other divisional applications or registrations.
Where an opposition has been filed or an application for revocation or for a declaration of invalidity has been filed against the original application or registration, the declaration of division may not relate to the goods or services which are the subject of that opposition or application for revocation or declaration of invalidity. This shall be the case until the decision on the opposition, revocation or invalidity has become final or until the proceedings have been abandoned.
Divisional applications or registrations shall benefit from the filing date and, where applicable, the priority date of the initial application or registration.