Annual Technical Report 2009 on Trademark Information Activities submitted by Australia (CWS/ATR/TM/2009/AU)
Where URLs are requested below, it is preferred that either URLs which are likely to remain stable over time (three years or more) are provided, or home (main) page URLs are provided with a short explanation of how to access the corresponding information.
I. Evolution of registration activities
Changes experienced in terms of application filings and registrations with respect to the previous year
Total TM Applications
2008: 108,295
2009: 99,798
Percentage difference: TM applications decreased by 8%
2008: 24,046
2009: 19,129
Percentage difference: Madrid applications decreased by 20%
2008: 86,163
2009: 79,130
Percentage difference: Registrations decreased by 8%
Trends or areas experiencing rapid changes with respect to the previous year
Trade Mark applications decreased in the first half of the year due to the global financial crisis. Overseas applications, both Madrid and non Madrid decreased the most.
URLs of web pages of the Office’s website that provide statistics related to trademarks
http://www.ipaustralia.gov.au/about/statistics.shtml
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
Publishing, printing, copying techniques
The Australian Official Journal of Trade Marks (the Trade Marks Journal) is published weekly. There are 50 issues per year - the Easter and Christmas weeks being excluded. The Journal is available on-line, free of charge, via the IP Australia Internet site and contains both bibliographic text and images.
Standard Notices and Letters are produced via the Trade Marks mainframe business application as XEROX XICS output.
Examination Reports are generated in Microsoft Word format
Main types of announcements of the Office in the field of trademark information
The Official Journal contains the following announcements:
- Applications Filed
- Applications Accepted for Registration
- Amendments and Changes
- Applications Lapsed Withdrawn and Refused
- Trade Marks Registered
- Assignments, Transmittals and Transfers
- Cancellation of Entries in Register
- Renewal of Registration of Trade Marks
- Opposition Proceedings
- Removal for Non-use Proceedings
- Official Notices
The IP Australia web-site also provides access to a variety of forms and publications, IP Legislation, Official Notices, Hearings Decisions, Practice & Procedure Manuals, etc
Mass storage media and microforms used
The Office's bibliographic data is maintained on an ADABAS Natural (zOS) mainframe. Trade Mark images (devices) are stored in a Unix file directory. The Office also utilises an e-case (Electronic Document Management System) repository which contains all documentation relating to the prosecution of applications.
Word processing and office automation
Current standard desktop software includes Microsoft Windows XP SP3 with Microsoft Office 2003.
The Office's publication system is partially mainframe based and produces:
- camera ready copy of the Australian Official Journal of Trade Marks;
- trade mark certificates and original register entries; and
- notices for trade mark applicants or their agents.
Techniques used for the generation of trademark information (printing, recording, photocomposing, etc.)
Bibliographic data (ADABAS as XEROX XICS output) and images from Unix are merged for Journal production.
URLs of web pages of the Office’s website that provide access to online trademark gazettes and to other sources of trademark information, including download of bulk trademark data
The Australian Official Journal of Trade Marks can be accessed at the following URL: http://pericles.ipaustralia.gov.au/ols/epublish/content/olsEpublications.jsp
III. Matters concerning classifying, reclassifying and indexing of trademark information
Classification and reclassification activities; Classification systems used, e.g., International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), International Classification of the Figurative Elements of Marks (Vienna Classification), other classification (please indicate whether goods and services for the registration of marks and whether the figurative elements of marks are classified by your Office and, if so, which classification(s) is (are) used)
Australia classifies goods and services according to the Nice Classification. Australia implemented the 9th Edition of Nice on 1 January 2007, with all applications filed on or after that date being classified according to the 9th Edition. No reclassification of applications/registrations filed prior to 1 January 2007 was undertaken.
Australia does not use the Vienna Classification scheme to classify the figurative elements of marks. Rather, figurative elements are classified (and searched) according to a glossary of device terms developed by the Office. For example, the WIPO device is indexed as follows:
1 ANNULUS 2 CONCENTRIC
3 HAND 4 PEN
5 BOOK,OPEN 6 GRAIN,EAR
7 VIOLIN 8 WHEEL,GEAR
9 MUSICAL-INSTRUMENT
10 CIRCLE+
11 ROUND 12 ROUND+
Each device term may then be used as a search criteria, either singularly or in combination, in order to locate marks with similar device characteristics.
Use of electronic classification systems to check the classification symbols furnished by an applicant and which are contained in the lists of goods and/or services
Applicants are not obliged to use pre-defined classification terms. Checking of goods or services statements is performed manually where the statement is furnished by the applicant.
In 2005, Australia introduced a new on-line application form (e-form) which allows selection of goods/services relating to a Trade Mark via a set of pre-defined classification terms (Pick-list). In March 2007, a reduced fee was introduced for applicants who specify their goods/services by use of the Pick-list. The fee reduction has resulted in over 50% of electronic filers using the Pick-list functionality. Goods and services statements provided via the Pick-list functionality require no manual checking.
The terms in the Pick-list are also those which form the basis of the Goods and Services help within ATMOSS, the Trade Marks Office searchable database.
Obligation for applicants to use pre-defined terms of the classification applied
There is no obligation for applicants to use pre-defined terms. As mentioned above, the Trade Mark e-form gives applicants the choice to use a pre-defined set of terms (Pick-list) at reduced cost or alternatively to specify their own goods/services.
Bibliographic data and processing
Bibliographic data is stored against each trade mark application in the ADABAS Natural business administration system. Transaction history records are created as this data is updated during the life-cycle of the trade mark. The business administration system allows access to this data via a variety of search utilities. Data from the ADABAS Natural system is carried in real time to the Australian Trade Marks On-line Search System (ATMOSS) – a mid-range ORACLE web-server application. ATMOSS allows both internal and public access to bibliographic data, and trade mark images, via the IP Australia internet site, and most customers now use this application in preference to the mainframe.
IV. Trademark manual search file establishment and upkeep
File Building
The EDMS e-case file is established for each trade mark application on filing. The EDMS has been developed in-house using a proprietary Australian EDMS product, Objective. The system is known as TRACS - the Trade mark Records, Applications and Correspondence System.
Updating
The TRACS e-case file is updated (added to) as correspondence is received from the applicant/agent or third party, and additionally, as it is generated by the Office. TRACS also contains the search material considered by the examiner during the course of substantive examination, and will also contain information relating to Opposition matters if the application proceeds along this path.
Storage, including mass storage media
The TRACS case file stores a variety of Word, Adobe PDF and XML files.
V. Activities in the field of computerized trademark search systems
In-house systems (online/offline)
Searching for conflicting marks can be conducted via the mainframe application or ATMOSS. All searching by examiners is conducted through ATMOSS with search extracts then forming part of the search file in TRACS.
External databases
The Office has developed a simple utility to search a number of external databases - principally dictionaries, gazetteers, reference titles, etc - so as to streamline distinctiveness searching. Examiners routinely search the Internet for the same purpose.
Administrative management systems (e.g., register, legal status, statistics and administrative support)
The primary business system is the ADABAS Natural mainframe application, TMARK, running on IBM zOS. TMARK interfaces to a number of satellite applications, eg Word for production of reports, XICS for publishing output, a couple of mid-range applications for EDI under the Madrid Protocol, an automated data capture utility (ADC) for capturing data received electronically, and ATMOSS. Document management is handled via TRACS.
All processing relating to the life-cycle of a trade mark (apart from financial processing) is conducted within this environment. The Trade Mark Office, along with the Patent and Design Offices in IP Australia is in the process of transitioning its business applications from the mainframe to our strategic server infrastructure environment. This environment includes Sun Solaris, Oracle RDBMS, J2EE, BEA Weblogic, and Objective EDMS.
Equipment used (hardware, including the types of terminal and network used, and software), carriers used
The Canberra Office has an ethernet-based LAN providing high speed bandwidth for each user desktop connection. A DMZ-based, DSD approved firewall using IAN ports (Internet IEFT Assigned Numbers) provides the secure means to allow access from internal systems/users to external entities such as the Internet or public/private organisations.
The current SOE includes Windows XP with Office SE 2003, IE 8.0 and Lotus Notes.
VI. Administration of trademark information products and services available to the public (relating to facilities, e.g., for lodging applications, registering trademarks, assisting clients with search procedures, obtaining official publications and registry extracts)
Planning, administration, automation, security
IP Australia’s Customer Service Delivery (CSD) section provides a central contact for customers to obtain information to support their decisions about a wide range of Intellectual Property issues. Customers contact the CSD via telephone, fax and email with around 95% of matters of a general nature solved at the first point of contact. The CSD provides face-to-face, phone, email and web-based assistance through the central office in Canberra.
Increasingly, IP Australia is using its web site as a means of providing an alternative means of public access to these services, such as electronic filing (currently approximately 86% of trade mark applications are filed online), registrations, renewals and trade mark searching via ATMOSS.
IP Australia is currently finalising the design of a system to support business-to-business data exchange of patents, industrial designs and trade marks transactions with its high volume clients (Patents and Trade Mark Attorneys). This system will be consistent with WIPO electronic filing and National e-commerce standards.
Collection management, preservation
All Australian Trade Mark records/documents are handled in accordance with Office procedures set down under Australian Law and archiving practices.
Information services available to the public (including computerized services and search files contained in libraries remote from your Office and trademark information posted by your Office on the World Wide Web)
Information services are available on the IP Australia website.
URLs of web pages of the Office's website for electronic filing of trademark applications
Filing:
http://www.ipaustralia.gov.au/trademarks/apply_index.shtml
URLs of web pages of the Office’s website that provide information on business procedures such as: filing, publication, examination and registration procedures related to trademarks; opposition and appeal procedures related to trademarks; etc.
Forms & Publications:
http://www.ipaustralia.gov.au/resources/forms_trademarks.shtml
Exam & Registration procedures:
http://www.ipaustralia.gov.au/resources/manuals_trademarks.shtml
TM Headstart:
http://www.ipaustralia.gov.au/trademarks/tmhs_start.shtml
URLs of web pages of the Office’s website that provide a description of information products and services offered by the Office (e.g., trademark search service(s) and trademark databases), as well as information on how to access and utilize them
The application process for trade marks:
http://www.ipaustralia.gov.au/trademarks/process_index.shtml
Applying for International Trade Marks:
http://www.ipaustralia.gov.au/trademarks/international_index.shtml
TM Headstart:
http://www.ipaustralia.gov.au/trademarks/tmhs_start.shtml
VII. Matters concerning mutual exchange of trademark documentation and information
International or regional cooperation in the exchange of trademark information, e.g., in the form of official gazettes
Largely restricted to the Official Gazette which is available to all users on-line.
Exchange of machine-readable information
SGML/XML (MECA) exchange between IP Australia and the International Bureau.
VIII. Matters concerning education and training, including technical assistance to developing countries (please indicate URLs of web pages of the Office’s website wherever appropriate)
Promotional activities (seminars, exhibitions, visits, advertising, etc.)
Key promotional activities in 2009:
Vocational Education and Training (VET)
IP Australia developed a range of courses on IP rights management and commercialisation. In January 2009 the courses were officially approved and published as a part of the Australian National Training Information System.
Nationally approved Registered Training Organisations may deliver these courses.
SME's
IP Australia's Smart Start business tool for SME's was enhanced to address the needs of businesses that have a greater understanding of Intellectual Property and IP strategies.
Fashion
IP Australia greatly increased its circulation of the ‘Fashion Rules' publication for promotion to a broader spectrum of the fashion industry. IP Australia has also increased the functionality of the ‘Fashion Rules' website to create a greater interactive experience for users.
IP Australia and Business Enterprise Centres Australia
IP Australia sponsored a nationwide seminar series in association with Australia's Innovation Festival entitled ‘10 Steps to making money from Smart Ideas'.
IP Australia also sponsored the National Small Business Development Conference in November 2009. Business advisors were trained/educated in developing IP Strategies.
World IP Day
IP Australia coordinated a national online advertising campaign in the week leading up to World IP Day. The advertising targeted SME's and directed them to the Smart Start website. Visitation levels during this period increased by more than 100%.
State Office Events
There were a total of 83 events undertaken in 2009 by the State Outreach Managers. These events targeted a wide range of audiences from SMEs to accountants and designers.
Media
An IP Australia patent examiner was profiled on ‘Ace Day Jobs' an on-line video program created by the Australian Broadcasting Corporation. The program aims to provide inspirational career guidance for smart young Australians. The video is also being used in IP Australia's Patent Examiner recruitment campaign.
Francis Gurry visit
Dr Francis Gurry, Director General of WIPO visited Australia. A series of engagement activities were arranged to obtain high profile media coverage to raise the profile of Dr Gurry in Australia and IP in general. This has helped to initiate a strategic dialogue in the Australian media about the importance of IP to national economies.
Customer and Stakeholder Engagement
IP Australia hosted the IP Professionals Forum, IP Forum and an extraordinary Patent Consultation Group meeting to discuss the patent reform agenda.
Indigenous Stakeholder Engagement
IP Australia attended an Indigenous Economic Forum in Alice Springs and sponsored an Indigenous IP lawyer, Terri Janke, to speak at the event. This provided an excellent opportunity for indigenous stakeholder engagement.
Training courses for national and foreign participants
Asia Pacific Economic Cooperation (APEC) Public Education & Awareness Event
IP Australia delivered the 3 day APEC workshop entitled Conducting Effective IP Rights Public Education and Awareness Campaigns for SMEs.
The event was designed for IPR offices throughout the APEC region, APEC Intellectual Property Rights Experts’ Group (IPEG) members, APEC SME working group members, innovators and IP related organizations, private sector representatives and SMEs.
WIPO – IP Australia Advanced Workshop on the examination of Traditional and Non-Traditional Trade Marks provided an opportunity for countries in the Asia –Pacific region to share information and experiences on examination and administration of Traditional and Non-Traditional Trade Marks.
Assistance to developing countries (sending consultants and experts, receiving trainees from developing countries, etc.)
An IP Australia representative made a presentation at the educational workshop on Non-Traditional Trade Marks held in Malaysia. This was on examination guidelines and approach to Non-Traditional Marks in Australia.
Four Thai patent examiners attended 2 week placement for Patent Examination Training Program on Nano–technology and Bio-technology.
IP Australia provided the following assistance to IP officials in Viet Nam:
• hosted a 7 day IP study tour for 13 staff from the National Office of Intellectual Property of Viet Nam.
• provided training to Viet Nam officials on the development and implementation of public education and awareness programs.
• provided funding to Viet Nam for the production of a guide to the Trade Mark application process via the Madrid Protocol.
• provided training and resources to university lecturers on the development and delivery of IP courses.
• provided technical publications to the National Office of Intellectual Property library.
• hosted a workshop on cost recovery, demand forecasting and IP Australia’s approach to self funding.
• provided Distinctness, Uniformity and Stability (DUS) equipment for Plant Variety Rights testing.
IX. Other general information related to the Office that is available on the Internet -- URLs of web pages of the Office’s website that:
provide information on legislation related to trademarks
Trade Marks Act: http://www.timebase.com.au/IPAust/index.cfm?id=tmact
Trade Marks Regulations: http://www.timebase.com.au/IPAust/index.cfm?id=tmreg
contain the Annual Report of the Office
Annual Report
http://www.innovation.gov.au/Section/AbouttheDepartment/Annual%20Report%20200809/resources/pdf/DIISR_ip_australia.pdf
contain trademark-related news regarding the Office
Latest news:
Latest news is featured on the home page of IP Australia's website:
http://www.ipaustralia.gov.au/
Subscription-based mailing lists
http://www.ipaustralia.gov.au/resources/lists_index.shtml#