Rule 13a

(1) A declaration of the division of the application pursuant to Article 44a (now Article 44, editor IP-PorTal) of the Regulation shall contain:
(a) the file number of the application;
(b) the name and address of the applicant in accordance with Rule 1(1)(b);
(c) the list of goods and services which shall form the divisional application, or, where the division into more than one divisional application is sought, the list of goods and services for each divisional application;
(d) the list of goods and services which shall remain in the original application.

(2) Where the Office finds that the requirements laid down in paragraph 1 are not fulfilled or the list of goods and services which shall form the divisional application overlap with the goods and services which shall remain in the original application, it shall invite the applicant to remedy the deficiencies noted within such period as it may specify.
If the deficiencies are not remedied before the time limit expires, the Office shall refuse the declaration of division.

(3) The periods as referred to in Article 44a(2)(b)(now Article 44, editor IP-PorTal) of the Regulation during which a declaration of division of the application is not admissible shall be:
(a) the period before a date of filing has been accorded;
(b) the period of three months following the publication of the application provided for in Article 42(1) of the Regulation;

(4) Where the Office finds, that the declaration of division is inadmissible pursuant to Article 44a (now Article 44, editor IP-PorTal) of the Regulation or pursuant to paragraph 3(a) and (b), it shall refuse the declaration of division.

(5) The Office shall establish a separate file for the divisional application, which shall consist of a complete copy of the file of the original application, including the declaration of division and the correspondence relating thereto. The Office shall assign a new application number to the divisional application.

(6) Where the declaration of division relates to an application which has already been published pursuant to Article 40 of the Regulation, the division shall be published in the Community Trade Marks Bulletin. The divisional application shall be published; the publication shall contain the indications and elements referred to in Rule 12. The publication does not open a new period for the filing of oppositions.