(1) The proprietor of a registered trade mark may divide the registration by declaring that the registration of the trade mark for the goods or services listed in the declaration of division shall continue as a separated registration. The seniority of the original registration shall be retained for each divisional registration.
(2) The division may not be declared until after expiry of the time limit for the filing of the opposition. The declaration shall only be admissible if an opposition pending at the time of its submission against the registration of the trade mark or an action pending at this time for revocation of rights or for a declaration of invalidity or an application for revocation of rights or for a declaration of invalidity of the trade mark, filed at that time, would, after the division, only address one of the parts of the original registration.
(3) If the fee in accordance with the Patent Costs Act for the division proceedings is not paid within three months after receipt of the declaration of division, this shall be deemed to constitute surrender of the separated registration. The declaration of division cannot be revoked.