Request to Divide Out One or More Entire Classes. With a request to divide out one or more entire classes from an application, only the fee for dividing the application (divisional fee), as set forth in 37 C.F.R. §2.6(a)(19), is required. 37 C.F.R. §2.87(b). A divisional fee is required for each new (child) application created by the division of the original (parent) application. No separate application filing fee is required for any new applications created.

Request to Divide Out Some, But Not All, of the Goods/Services in a Single Class. A request to divide out some, but not all, of the goods/services in a single class must be accompanied by both: (1) the divisional fee for each new (child) application created by the division of the original (parent) application (37 C.F.R. §2.6(a)(19) ); and (2) an application filing fee for each new separate application created by the division, as set forth in 37 C.F.R. §2.6(a)(1). 37 C.F.R. §2.87(b). The amount of the new application filing fee depends on the method used to file the original application and request to divide, and the filing fee in effect at the time of the request to divide, as follows:

1. If the original application was filed electronically on or after January 18, 2025, or was filed electronically using the previously available TEAS Regular, TEAS RF, or TEAS Standard forms, and the request to divide is filed through the trademark electronic filing system, then the new application filing fee is the fee for filing an application electronically under 37 C.F.R. §2.6(a)(1)(iii);
2. If the original application was filed electronically using the previously available TEAS Plus form and the request to divide was filed through the trademark electronic filing system before January 18, 2025, the new application filing fee is the filing fee under previous 37 C.F.R. §2.6(a)(1)(iv);
3. If the original application was filed electronically using the previously available TEAS Plus form and the request to divide was filed through the trademark electronic filing system on or after January 18, 2025, the new application filing fee is the fee for filing an application electronically under 37 C.F.R. §2.6(a)(1)(iii);
4. If the original application was not filed through the trademark electronic filing system, and the request to divide is filed through the trademark electronic filing system, then the new application filing fee is the same as the filing fee for filing an application electronically under 37 C.F.R. §2.6(a)(1)(iii); and
5. If the request to divide is permitted to be filed on paper (see TMEP §301.02), then the new application filing fee is the same as the fee for filing an application on paper (37 C.F.R. §2.6(a)(1)(i) ), regardless of how the original application was filed.

The current fee schedule is available on the USPTO website at https://www.uspto.gov .

If the request to divide does not include the required fee(s), the ITU/Divisional Unit will notify the applicant in writing of the deficiency and grant the applicant time to submit the required fees. The fee(s) charged are the fees in effect at the time of the issuance of the deficiency letter. The applicant must submit the fee(s) within the time permitted, or the request to divide will be considered abandoned and the application will not be divided. If the applicant does not submit the necessary fees, the ITU/Divisional Unit will notify the applicant that the request to divide is considered abandoned.

See TMEP §1110.07 regarding the application of fees when an applicant files a request to divide in conjunction with a statement of use and/or request for an extension of time to file a statement of use, but submits insufficient fees.