Annual Technical Report 2003 on Trademark Information Activities submitted by Germany (SCIT/ATR/TM/2003/DE)
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I. Evolution of registration activities
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Goods and services are classified according to the Nice Classification (Annex to Section 19 of the German Trade Mark Ordinance). Figurative elements of trade marks are classified according to the Vienna Classification.
The German Patent and Trade Mark Office does not use an electronic classification system. Classification of all filings is done by examiners specially trained in classification matters to ensure a uniform classification particularly of terms not yet included in the Alphabetical List. Applicants are obliged to use terms which permit classification of the individual good or service in a class of the classification. Those terms should either be of the Alphabetical List or generally used in the course of business. There is however no obligation to use pre-defined terms of the classification (Section 20 German Trade Mark Ordinance).
In 2001, the German Patent and Trade Mark Office established an interactive search engine for the classification of goods and services which may be used externally (by applicants) via the Internet and within the German Patent and Trade Mark Office (by the examiners) via the Intranet. This tool reduces the time required for classification and ensures consistency of classification.
The basic bibliographic data (name of applicant, name of representative, name of trade mark, classes of goods and services, classes of figurative elements) of all applications are entered into the Office's internal database within 10 days from the receipt of the application thus allowing an electronic search at a very early stage of the procedure.
IV. Trademark manual search file establishment and upkeep
At the German Patent and Trade Mark Office trade mark applications are allocated to the examiners according to the leading class of the claimed goods and services. The manual search file of the individual examiner therefore consists of reference books relevant for the specific class(es) of goods and/or services he is in charge of and dictionaries of the languages most frequently used in trade mark applications (German, English/German, French/German).
The Office's library contains encyclopaedias, dictionaries of European and Eastern European languages, Japanese, Chinese, reference books for all kinds of goods and services, law reports, periodicals, the gazette Les Marques Internationales and the Community Trade Marks Bulletin.
Both the examiners' manual search file and the documentation at the library are updated on a regular basis taking into account the different developments in each class of goods and services.
V. Activities in the field of computerized trademark search systems
1. The German Patent and Trade Mark Office has developed an electronic in-house search system based on the data of the Office's electronic trade mark register. The search system contains the bibliographic data of pending trade mark applications and trade marks registered, cancelled, withdrawn or rejected. In the latter case a summary of the grounds of refusal is included.
For search purposes in opposition procedures the Office also uses the following CD-ROMs: ROMARIN, EUROM and DEMAS. Furthermore, the Databases of ROMARIN and PAVIS (since 2002) as well as all decisions of the German Federal Patent Court and a trade mark dictionary of that institution (since 2003) are available online for every examiner. Since December 2000 all examiners have access to the Internet and Intranet of the Office at their desks, in order to search for a possible descriptive meaning of a given trade mark. Furthermore, all examiners have access to the JURIS database, enabling them to search for relevant German court decisions or publications concerning various trade mark matters.
2. Project “New Data-Processing System for the Trade Mark System”
The German Patent and Trade Mark Office is currently developing a new internal data processing system for electronic registration, processing and search of data. The new electronic trade mark system is expected to become the key working tool in the Office. It will be more user-friendly than the current system, offering a more comfortable and ergonomic use. It will provide an enhanced integration of interfaces, and better availability of trade mark data for publication and the new media. This new IT system will contain the complete bibliographic data of all pending trade mark applications, registered trade marks, and bibliographic data of all cancelled and rejected trade marks and applications, as well as the reasons for their refusal. An integrated document management system will help to establish and save documents of any trade mark proceedings.
Although all trade mark procedures and actions of the Office will be handled completely by using the new trade mark system, paper files will still stay in use, as the new trade mark system is designed as a hybrid file management system.
The development of a new electronic trade mark system started in the years 1997-1998, when external consultants had been engaged to assess the IT support of the trade mark sector of the Office. The result of this examination showed that the electronic trade mark system, which had been in use since 1995, had to be replaced by a modern IT system on a completely new basis. Thus the project “Replacement of the Electronic Trade Mark System” had been initiated.
In the years 2000/2001, a specification was drawn up compiling the rough requirements for a new electronic trade mark system. The invitation to tender issued for the project was closed in 2002. Hewlett Packard emerged as the most suitable partner for implementing the IT processes. The implementation of the new trade mark system finally started at the beginning of 2003.
Based on the analysis of requirements, a thorough concept for the project was elaborated within one year, and the implementation process was then launched.
The project is scheduled for completion in summer 2006, and will be implemented in the following steps:
start phase in August 2003
migration of data from the existing trade mark system: winter 2004/2005
design and implementation of the new trade mark system: summer 2005
final tests and checks: summer 2005
pilot phase: autumn / winter 2005
user administration: winter / spring 2006
going live: summer 2006
VI. Administration of trademark 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)
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The German Patent and Trade Mark Office exchanges the German Trade Mark Journal ("Markenblatt") with 39 Patent Offices. 23 Offices receive the DEMAS CD-ROM.
VIII. Matters concerning education and training including technical assistance to developing countries
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IX. Other relevant matters