Annual Technical Report 2013 on Trademark Information Activities submitted by Australia (CWS/ATR/TM/2013/AU)
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I. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
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(Please Note: AU provides for multi-class filings. Figures below are in classes)
Total TM Classes Filed
2012: 112,543
2013: 114,088
Percentage difference: TM applications increased by 1.4%
Madrid Applications Filed
2012: 21,261
2013: 24,830
Percentage difference: Madrid applications increased by 14%
Total Registrations
2012: 79,894
2013: 87,626
Percentage difference: Registrations in classes increased by 9%
Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
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• 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
Australia classifies goods and services according to the Nice Classification. Australia implemented the 10th Edition of Nice on 1 January 2012, with all applications filed on or after that date being classified according to the 10th Edition. No reclassification of applications/registrations filed prior to 1 January 2012 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 and pre-defined terms of the classification applied
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.
An on-line application form (e-form) allows selection of goods/services relating to a Trade Mark via a set of pre-defined classification terms (Pick-list). About 45% of electronic filers use 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.
The Goods and Services help service also offers a matching service, where a list of goods or services (separated by semi colons) can be matched against the terms in the Pick-list.
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.
III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE
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VII. OTHER RELATED MATTERS