Annual Technical Report on Trademark Information Activities in 2015 submitted by STATE INTELLECTUAL PROPERTY SERVICE OF UKRAINE
I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
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The main documents that determined directions for the development of trademark[1] information activities in 2015 are the annual plans of activities of the State Intellectual Property Service of Ukraine (SIPS) and the State Enterprise "Ukrainian Intellectual Property Institute" (Ukrpatent) taking into account the Priorities of the State Intellectual Property Service of Ukraine for 2015-2017. The plans contain strategic directions "Patent information support in the sphere of intellectual property and provision of wide public with access to the information related to intellectual property rights acquisition" and "Implementation of moderninformation technology" which in particular include:
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At the end of 2015 the project was completed, the NLC AW was put into operation.
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Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes
Applications filed (national route):
in 2014 – 18,796, in 2015 – 24,652, i.e. 31.16 % increase with respect to the previous year.
Registered Certificates (national route):
in 2014 – 14,698, in 2015 – 12,388, i.e. 15.72 % decrease with respect to the previous year.
From January 1, 2015 to December 31, 2015 within the test period of the electronic filing system for IPRs Ukrpatent received 2,118 trademark applications (30.74 % increase with respect to the previous year).
In 2015, the highest percentage of applications was filed according to the following classes of the Nice Classification:
Class 35 "Advertising; business management; business administration; office functions" (21.9%);
Class 41 "Education; providing of training; entertainment; sporting and cultural activities" (6.8%);
Class 5 "Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides" (6.6%);
Class 30 "Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals; bread, pastry and confectionery; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, sauces (condiments); spices; ice" (4.8%);
Class 33 "Alcoholic beverages (except beers)" (3.9%);
Class 25 "Clothing, footwear, headgear" (3.8%);
Class 43 "Services for providing food and drink; temporary accommodation" (3.7%).
Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
Annual Reports, statistical information, the Annual Technical Reports of the Office:
http://sips.gov.ua/ua/plans_reports.html
http://sips.gov.ua/en/plans_reports.html
News of the Office on the issues related to trademarks:
http://ukrpatent.org/en/index.html
Information on trademark legislation:
http://sips.gov.ua/ua/normative_acts.html
http://sips.gov.ua/en/normative_acts.html
II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs
Information on various procedures and sources of information on trademarks for users, in particular, trademark legislation information, services and activities of the Office relating to trademark information, statistical information etc. is available at the SIPS web-portal (http://sips.gov.ua) and Ukrpatent web-site (http://ukrpatent.org).
Information on information services, including paid services, provided by Ukrpatent and its Innovations Department is published at the Ukrpatent and department's (http://iii.ua) web-sites.
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Information for the users on filing applications for marks for goods and services is presented at the Ukrpatent web-site (http://ukrpatent.org).
Information and the means of filing electronic applications are posted in a separate web-site section "Electronic Filing" (http://base.ukrpatent.org/efiling/).
A software product the "Applicant Off-line Module" was developed and put into operation for drafting application materials on paper. It can be downloaded from the Ukrpatent web-site at http://base.ukrpatent.org/off-line/.
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Access to online publications, which contain data on trademarks, is provided through the SIPS (http://sips.gov.ua/ua/info_resurses.html) and Ukrpatent (http://ukrpatent.org/ua/bases.html) web-resources.
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Availability of the application dossier in electronic form
All application materials for trademarks, regardless of the way they are filed to Ukrpatent (through the electronic filing system, on paper carriers, by email, Fax or other telecommunication networks), automatically or after scanning the paper carriers are entered and stored in the electronic archive of documents and used by technological systems within the pendency of applications.
In 2015 trademark applications made the majority of the total number of electronic applications received by Ukrpatent.
Matters concerning classifying
(i) 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
In the framework of the TMAS and the AS "International Registration of Marks" there functions a program system for verifying classification indexes. This system includes manuals on classification system and common software for performing functions of verifying classification indexes and reclassification.
For classifying in 2015 the NCL (10-2015) and VCL (7) translated into Ukrainian were used.
(ii) Use of electronic classification systems and pre-defined terms of the classification applied
In 2015 the following electronic classification systems were used:
- NCL (10-2015) and VCL (7) translated into Ukrainian within the TMAS – for trademark applications examination;
- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version 2015" and IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Seventh edition" – by a wide range of users, primarily applicants (available for free at the SIPS and Ukrpatent web-resources).
When WIPO publishes a new version/edition of the NCL, new version of the current edition translated into Ukranina is formed by administrative tools for technological automated systems.
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Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
The TMAS tools provide for processing of sound, color marks.
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Main types of publications in the field of trademark information, outline of the content and medium (on paper, on CDs, online - URLs)
Information of the Office concerning trademarks is provided in the following publications (
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official editions, information products on optical carriers, free electronic DBs and IRSs:
The Official Bulletin "Promyslova Vlasnist" (Industrial Property) – printed periodical edition;
The analogue of the printed edition – the Official Bulletin "Promyslova Vlasnist" on CD-
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ROM with search system;
The National CD-ROM "Marks for Goods and Services Registered in Ukraine";
DB "Electronic Version of the Cumulative Official Bulletin "Promyslova Vlasnist" (http://base.ukrpatent.org/searchBul/);
DB "Marks for Goods and Services Registered in Ukraine" (http://base. ukrpatent.org/searchBUL/search.php?dbname=certtm);
DB "Information on Well-Known Marks in Ukraine" (http://base. ukrpatent.org/searchBul/search.php?dbname=certwkm);
Automated DB of intellectual property of UEFA and its commercial partners (http://base.ukrpatent.org/searchEURO2012/);
Interactive DB "Applications for Marks for Goods and Services admitted to examination"
(http://base.uipv.org/searchBUL/search.php?dbname=apptmc);
IRS "Information on Prosecution Status of Applications for Marks for Goods and Services" (http://base.ukrpatent.org/searchInvStat/);
IRS "Information on Certificates of Ukraine for Marks for Goods and Services Deemed to be Invalid or Expired" (http://base.ukrpatent.org/searchTmRevoke/search.php);
IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version 2015" (effective from January 1, 2015) (http://nice102015.ukrpatent.org/);
IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version
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2014" (not effective, for information purposes only) (http://nice102014.ukrpatent.org/);
IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition, version
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2013" (not effective, for information purposes only) (http://base.ukrpatent.org/mktp10-2/);
IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification). Tenth edition" (not effective, for information purposes only) (http://base.ukrpatent.org/mktp10/);
IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Seventh edition" " (effective from January 1, 2013) (http://base.uipv.org/vienna7/);
IRS "Classification of the Figurative Elements of Marks (Vienna Classification). Sixth edition" (not effective, for information purposes only) (http://base.uipv.org/vienna6/).
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Information on trademarks is published in Book 2 of the Official Bulletin "Promyslova Vlasnist" in the following sections: "Information on the issue of certificates of Ukraine for marks for goods and services", "Information on Well-Known Marks in Ukraine", "Information on Marks Registered under the Madrid Agreement Concerning the International registration of Marks and/or the Protocol to the Madrid Agreement Concerning the International registration of Marks, protected in Ukraine", in indexes to each of the sections listed and the section of Notices. Color images of marks for goods and services (if any) are published in the relevant section.
Publications of the Official Bulletin "Promyslova Vlasnist" include:
- for section "Information on the issue of certificates of Ukraine for marks for goods and services" – bibliographic data, list of goods and services, black-and-white images of marks;
- for section "Information on Well-Known Marks in Ukraine" – information on marks in the scope defined by the Office, list of goods and services, black-and-white images of marks;
- for section "Information on Marks Registered under the Madrid Agreement Concerning the International registration of Marks and/or the Protocol to the Madrid Agreement Concerning the International registration of Marks, protected in Ukraine" – information on marks in the scope defined by the Office, list of goods and services, black-and-white images of marks.
The Official Bulletin "Promyslova Vlasnist" was issued twice a month – 24 issues of the bulletin were issued during 2015. The Annual Index of the Official Bulletin for the previous, 2014, year was also published.
The National CD-ROM "Marks for Goods and Services Registered in Ukraine" was issued with the same frequency and includes the following information: bibliographic data, images of marks, list of goods and services grouped by the NLC classes.
Publications in electronic information resources include:
- DB "Electronic Version of the Cumulative Official Bulletin "Promyslova Vlasnist" – information on the issue of certificates of Ukraine for marks for goods and services and information on well-known marks in Ukraine. Moreover, information concerning legal status of certificates (as an extra operational element) is provided in the section "Information on the issue of certificates of Ukraine for marks for goods and services";
- DB "Marks for Goods and Services Registered in Ukraine" – bibliographic data, list of goods and services, images of marks;
- DB "Information on Well-Known Marks in Ukraine" – information on marks in the scope defined by the Office, list of goods and services, images of marks.
Besides that, to fulfill its obligations to ensure transparency and openness in its activities, on October 1, 2015 SIPS released information on all applications for marks for goods and services that are under the qualifying examination (substantive examination).
Since October 2015, using the Interactive DB "Applications for trademarks for goods and services admitted to examination", right holders are able to timely monitor filed applications that may infringe their rights and to prevent registration of such marks by filing a corresponding opposition.
Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.
In the section "Notices" of the Official Bulletin "Promyslova Vlasnist" with the periodicity of its release announcements in respect of registered marks for goods and services (to the extent provided by the respective applicable Law of Ukraine) are published including information on changes in the information entered into the State register of certificates of Ukraine for marks for goods and services, information on issue of the certificate duplicates, information on modifications due to the correction of errors and other information relating to the registration of certificates of Ukraine for marks for goods and services.
The section also contains publication of changes to information about international registration of marks protected in Ukraine.
The said information is available at http://sips.gov.ua and http://ukrpatent.org.
Information products (coverage, medium, etc.) available to examiners, including external documentation and databases
Information products available to examiners for trademark applications examination (search collection) are determined by the corresponding order of SIPS and, inter alia, include:
- AS "Marks for Goods and Services", database for marks recognized as well-known in Ukraine as well as the AS "Industrial Designs";
- DB "Legislation of Ukraine";
- DB "ROMARIN;
- DB "6ter Express";
- DB "WIPO Gazette of International Marks";
- corresponding state and national classifiers of Ukraine;
- current versions/editions of the Nice and Vienna Classifications;
- information and reference sources mainly in electronic form.
- corresponding state and national classifiers of Ukraine;
- current versions/editions of the Nice and Vienna Classifications;
- information and reference sources mainly in electronic form.
- DB "ROMARIN;
- DB "6ter Express";
- DB "WIPO Gazette of International Marks";
- corresponding state and national classifiers of Ukraine;
- current versions/editions of the Nice and Vienna Classifications;
- information and reference sources mainly in electronic form.
Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)
For information support of the wide range of public free access to the information concerning trademarks is provided through the web-portal of SIPS and the web-site of Ukrpatent – see the List of DBs and IRSs above.
The Official Bulletin "Promyslova Vlasnist" on CD-ROM was distributed for free in the framework of updating patent collections of certain organizations of Ukraine by national patent documentation according to the Registries of free-of-charge distribution approved by SIPS.
External users could also purchase the Official Bulletin "Promyslova Vlasnist" on CD-ROM with a search system and the National CD-ROM "Marks for Goods and Services Registered in Ukraine", retrospective accumulative optical disc DVD "Marks for Goods and Services Registered in Ukraine" as well as the current NCL (10-2015) translated into Ukrainian on CD-ROM with search system.
Annual Reports of the Office (in Ukrainian and English), Annual Technical Reports of the Office in Ukrainian, quarterly review "Industrial Property in Figures" which includes basic indicators of the activities of SIPS and Ukrpatent are also accessible for free on the SIPS web-portal and the web-site of Ukrpatent.
See also part 1 of Section 5 Promotion activities aimed to support users in access and efficient use of trademark information for information on services available to external users.
Legal status information (kind of information, coverage, medium, etc.)
Information concerning legal status of the registered certificates of Ukraine for marks for goods and services to the extent prescribed by the applicable law of Ukraine is published in the Official Bulletin "Promyslova Vlasnit" in the section "Notices" both on paper and in electronic form (CD-ROM "Official Bulletin "Promyslova Vlasnit" and DB "Electronic Version of the Cumulative Official Bulletin "Promyslova Vlasnit").
In addition, such information is provided in the IRS "Information on Certificates of Ukraine for Marks for Goods and Services Deemed to be Invalid or Expired" and (as an extra operational component) in the relevant sections of the DB "Electronic Version of the Cumulative Official Bulletin "Promyslova Vlasnit" and DB "Marks for Goods and Services Registered in Ukraine".
Other sources
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements
The main activity within the Office is processing of applications. Support of this process is performed by means of the TMAS. The automated system software is built on the Client-Server technology. The structure of the TMAS database allows for storing all bibliographic data and provides extensive search facilities.
The TMAS information support is a set of system-oriented data representing the basic descriptions dictionary adopted by the system (classifiers, typical modes, elements of automation, document formats, etc.) and updated data on application information at all stages of the life cycle.
The TMAS is integrated with other internal computerized systems: the Central Electronic Documents Archive (CEDA), the Fees Accounting AS, the electronic filing system, Internet databases and information and reference systems, the document type classification and identification system.
All incoming documents are registered and entered into the electronic documents archive. Thus, the electronic archive contains all the application materials filed to Ukrpatent in electronic form ("the electronic application dossier'').
The system provides for the function of document routing and controls actions of the staff at all stages of documents creation and execution. All personnel actions are recorded in the system protocol. A document card contains complete information on an electronic document, including dates, resolutions, assigned persons and information on performed operations.
In 2015, system integration functions for general and technological document management systems were completed in the process of testing and trial operation of the general Electronic Document Management System in order to provide transport of documents from the general document management system to the TMAS.
The necessity for transporting such documents to the technological systems is determined at the stage of their processing.
Hardware used to supporting business processes of the Office
Network infrastructure consists of the WatchGuard XTM-520 device which contains the VPN and Firewall modules to communicate with the Internet and internal router (built in Unix server) to support the internal network. Availability of two firewalls increases the overall security.
The Cisco and HP equipment is used as network switches.
The internal network is divided into ten virtual networks (Vlan).
To provide Ukrpatent activities the network uses the following technical means:
- HP (DL380Gen8, DL380G7, DL380G5), Intel (SE7520JR2, SE7501WV2) servers;
- HP (3Par StoreServ 7200, MSA2040, P2000, MSA2324fc, MSA1000), IBM (ProFibre Storage Array) and Infortrend (EonStor A16F-G2430, EonStor S12F-R1420, EonStor S16F-R1430) information storages;
- SAN network equipment (Qlogic SANbox 5600, HP SAN Switch 8/24, HP SN3000B);
- HP local network equipment (Procurve 2910aI-24G, Procurve 2510-48, Procurve 2530-48).
Operating systems and software:
- operating systems on physical
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servers – Windows Server 2012R2, Windows Server 2012, Windows Server 2008R2, Windows Server 2008, Windows Server 2003, Unix;
- virtualized servers on Hyper-V Server 2012 R2 (Microsoft) and VMware ESXi;
- database management systems – MS SQL 2014, MS SQL 2008R2, MS SQL 2005.
Domain structure of the Active Directory (AD) was designed which allows for central managing of all the information resources, including users, computers, files, peripherals, access to services, network resources, websites, databases and etc.
Multiple domain controllers are used to organize the fault-tolerant domain structure.
The WSUS server provides updating of the servers and client computers operational systems.
The anti-virus server "Eset Endpoint Antivirus" provides
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centralized control of all anti-virus programs on the users computers, anti-virus databases updates, report generation on database updates and existing threats.
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The Microsoft software product – System Center Data Protection Manager (DPM) – which provides continuous data protection for reliable recovery of Windows servers is used for data backup. The plan of all servers and services upgrading after a failure was adjusted.
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Measures for the IT infrastructure improvement were aimed at building a fault-tolerant core of the computer network, increase of its capacity, security and manageability, replacement of obsolete hardware infrastructure components, consolidation and virtualization of servers. Virtualization servers are combined into clusters providing high availability of all systems.
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Series of actions were introduced to ensure compliance of the IT infrastructure with requirements of the complex information security system. Security feature is enabled at the network switch ports, making it impossible to connect unauthorized devices to the corporate network. Changes are introduced to the password policy that meets safety requirements. Two-factor user authentication system was implemented and is based on hardware-software device for generation and verification of digital signatures. To manage network equipment, information storages and SAN switches a secure HTTPS protocol and the SSH application layer network protocol were introduced.
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In general, the corporate network consists of 600 PCs, 30 physical and 40 virtual servers, 10 information storages and commutation equipment.
Connection to the Internet for search and view of information was implemented for information systems users.
Internal databases: coverage, updates, interlinks with external sources
Data from a number of sources (internal and external) are used while carrying out examination of mark applications. Data from external sources are automatically downloaded to the integrated search system.
TMAS
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Database
Replenished with information on applications and registered national marks for goods and services. Updating of the database is performed while processing applications and within maintenance of the State Register.
International Trademark Registrations Database
Updated in batch mode, loaded from the WIPO web-site (ftp://ftpird.wipo.int/wipo/madrid/romarin/ and ftp://ftpird.wipo.int/wipo/madrid/notif/ua/), stored in the international registrations database.
Emblems and Flags (6ter) Database
Updated in batch mode, loaded from the WIPO web-site (ftp://ftpird.wipo.int/wipo/6ter/), stored in the TMAS database.
Industrial Designs AS Database
Extended and updated in the process of examination procedure and keeping the State Register by the users of the Industrial Designs AS.
International Industrial Design Registrations Database
Information on international registration of industrial designs in batches is once a day loaded from the WIPO web-site (ftp://ftpird.wipo.int/wipo/hague/) and stored in the database of international industrial design registrations.
Database for Well-Known Marks in
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Ukraine
It is updated after publication of information on marks recognized as well-known.
Database for Qualified Designations of Origin of Products
Central Electronic Documents Archive
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Database
It provides for storage of documents and their attributes in electronic form.
Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file
Information on the structure (content) of electronic search file for trademarks is presented in "Information products (coverage, medium, etc.) available to examiners, including external documentation and databases.
Information on electronic search file updates is presented in "Internal databases: coverage, updates, interlinks with external sources".
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A unique integrated retrieval and search system is developed and put into operation at Ukrpatent for providing a unified access to different information sources which are used while carrying out examination of applications for marks for goods and services.
This retrieval and search system is based on three-tiered architecture which provides for separation of application level from data management. The logic of applications focused on separated software level is realized in the form of application server – a software product, which includes all necessary business logic algorithms. A complex of software tools ensures minimization of time for searching of relevant information and meeting of information requirements of examiners who carry out examination of trademark applications.
All necessary information for searching is stored in different databases, which contain information on:
- filed applications for trademarks and industrial designs;
- trademark certificates and industrial design patents registered in Ukraine;
- international trademark registrations;
- armorial bearings, flags, and other state emblems of the Paris Union countries as well as adopted by
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them official signs and hallmarks indicating control and warranty according to Article 6ter of the Paris Convention for the Protection of Industrial Property;
- marks recognized as well-known;
- list of non-private names for pharmaceutical substances, issued by the World Health Organization;
- 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);
- International Classification of Industrial Designs (Locarno Classification).
Administrative management electronic systems (register, legal status, statistics, and administrative support)
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