Annual Technical Report 2002 on Trademark Information Activities submitted by Japan (SCIT/ATR/TM/2002/JP)
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I. Evolution of registration activities
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The Trademark Gazettes published in 2002 are as follows.
Trademark Gazette 99,532 issues
Trademark classification reconsolidated registrations 46,560 issues
Unexamined Trademark Applications 111,814 issues
International unexamined Trademark Applications 5,386 issues
International trademarks 4,161 issues
Published appeal and trial decisions 5,368 issues
Registration lists 49,982 issues
Registration lists (Updated) 47,499 issues
Techniques used for the generation of trademark information (printing, recording, photocomposing, etc.)
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The JPO has adapted Nice Classification Version 6 in April 1992 and migrated to Nice Classification Version 7 on January 1, 1997, Version 8 on January 1, 2002. On April 1, 1998, a "consolidation of classification" scheme was enacted. This scheme requires the reclassification of trademarks registered under old Japanese classification and to reregister them in accordance with Nice Classification.
The JPO uses the Japanese original coding system to classify the figurative elements of marks.
In order to use the Vienna Classification, the JPO surveyed the relation between the Japanese original coding system and the Vienna Classification from April, 1999 to March, 2000 and has created the Vienna Classification Table, which has been subdivided according to the Japanese situation.
It has been planned to assign the subtilized Vienna Classification to the registered trademarks and filed trademarks from April 2001 until March 2004, and from April 2004, make the survey possible by the subtilized Vienna Classification (Version 5).
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
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For automation of the trademark examination administrative procedure, a "trademark examination drafting system" has been in operation since April 1997. This system enables the effective use of electric data, such as bibliographic database for applications, bibliographic database for trademark applications, trademark sample image data and the pronunciation of goods search result. This system supports various procedures in the trademark examination, such as drafting, management and referencing, and allows many examination procedures to be performed on the examination workstation, thus makes trademark examination more efficient.
In January 2000, the trademark paperless system was started and the administrative and examination procedures were completely moved to the system based on electric data. Therefore, a total system, covering from trademark application filing, formality check and substantive examination, dispatching, registration, publishing a gazette, requesting for inspection of files, to requesting for certification, was completed. The effect of this system is far reaching, such as more efficient examination procedure and environment improvement including application management.
With the implementation of the real-time trademark search function, a trademark examination scheme that actively takes advantage of data in electronic form was built. Further, with the downsizing of the search system, we have been able to save the cost.
The trademark electronic application filing began in January 2000, at the same time as the trademark paperless system began its operation. The ratio of the trademark applications filed on-line reached a high percentage, 84% (annual average in 2002).
On the other hand, Japan became a member state of Madrid Agreement and the Protocol. In order to perform the member state duty, such as informing the international bureau and managing international register information, of an Office of Origin or Designated Office in sure and efficient manner, the JPO designed the Madrid protocol system and put it in operation on March 2000.
For international registration application (an application filed at member states) and for international trademark registration application (an application requesting the protection that specifies Japan as one of the member states or as an added member state after filing the original application), the Madrid protocol system performs information management, such as various notifications, ad interim documents and decisions, as well as time and progress management.
Also, the JPO has a domestic registration register management and viewing system. In order to manage the international trademark registration application by using the register and to provide information about it, the JPO has been expanding the domestic system step-by-step to improve the administrative efficiency, based on usage and user's needs.
Please note that the JPO's system is an integrated system and that the trademark system is part of the integrated system. Thus for the overall system, please refer to the "ANNUAL TECHNICAL REPORT 2002 ON PATENT INFORMATION ACTIVITIES."
Equipment used (hardware, including the types of terminal and network used, and software), carriers used
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The JPO held briefing sessions at the following places to explain to users of industrial property information on how to conduct trademark searches at the Industrial Property Digital Library (IPDL):
October, 2001 Tokyo, Osaka, Aichi and Kagawa
November, 2001 Hokkaido, Miyagi and Fukuoka
January, 2002 Hiroshima
Training courses for national and foreign participants
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a) Activities and assistance through WIPO Funds-in-Trust/Japan
1) Sending experts
The JPO sent one expert official to the National Office of Intellectual Property of Vietnam, to provide training and advice as trademark systems and trademark examination.
2) In cooperation with the JIII, the JPO accepted 62 trainees in total from the People's Republic of China, the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Kingdom of Thailand, the Independent State of Papua New Guinea, the Socialist Republic of Viet Nam, the People's Republic of Bangladesh, the Kingdom of Bhutan, the Kingdom of Cambodia, the Republic of the Fiji Islands, India, the Islamic Republic of Iran, the Lao People's Democratic Republic, Mongolia, the Union of Myanmar, the Kingdom of Nepal, the Islamic Republic of Pakistan and the Democratic Socialist Republic of Sri Lanka (19 countries) for training on Industrial Property Administration, the Enforcement of the Intellectual Property Rights, the Examination Practices of Industrial Property Rights, and the Use of Information Technology in Industrial Property Administration.
b) Assistance to developing countries using other institutions
1) Sending experts
Under the Japan International Cooperation Agency (JICA) scheme, the JPO sent one expert official for each to the Intellectual Property Corporation of Malaysia and the Department of Justice and Human Right Republic of Indonesia, Directorate General of Intellectual Property Rights to provide training and advice in such areas as trademark systems and trademark examinations.
2) Modernization of Intellectual Property Administration
Under the JICA scheme, in April 2000, the JPO began the "Modernization of Industrial Property Administration Project in Viet Nam",a four-year project for the modernization of administrative procedure at the National Office of Industrial Property of Viet Nam. This project is aimed at developing human resources through the automation of the administrative works.
3) Training for government officials
In cooperation with JICA, the JPO provided a group training course on intellectual property for government officials from developing APEC economies involved in intellectual property right administration and examination. 17 officials in total from the Republic of Chile, the People's Republic of China, the Republic of Indonesia, the Republic of the Philippines and the Socialist Republic of Viet Nam attended the training course. Patent information lectures and practical training regarding searches were provided.
The JPO sent expert officials to the Republic of Malaysia, the Republic of Philippines and the Socialist Republic of Viet Nam and invited a total of 9 counterparts from these countries for specialized training such as lectures on computer-related technology and practical training.
The JPO held industrial property right enforcement seminars in the People's Republic of China and the Republic of Singapore. 35 participants from the enforcement-related governmental agencies in the People's Republic of China and 29 participants form 5 Asian countries including the Republic of Singapore attended the seminar.
4) Training for the private sector
In cooperation with the Association for Overseas Technical Scholarship (AOTS) and the JIII, the JPO held a total of 8 industrial property right training courses. Lectures were given on industrial property rights in general, including industrial property right information searches. 131 participants from the Republic of Chile, the People's Republic of China, the Republic of Indonesia, Malaysia, the United Mexican States, the Republic of the Philippines, the Kingdom of Thailand, the Independent State of Papua New Guinea, the Socialist Republic of Viet Nam, the Kingdom of Cambodia, India, the Lao People's Democratic Republic, Mongolia and the Union of Myanmar attended the seminar.
c) Production projects of CD-ROMs containing laws and regulations related to intellectual property rights
In order to assist intellectual property Offices in developing countries, that have been developing domestic intellectual property right regulations, the JPO has been engaged in a project to assist in gathering information related to overseas industrial property rights systems. Under this program, laws and regulations related to the industrial property rights of major developed and developing countries are translated into English, if necessary, and recorded on CD-ROM, to which a search function is added.
In fiscal year 2002, industrial property right laws (including laws and enforcement rules) from a total of 54 countries and a total of 14 international agreements were recorded on CD-ROM and provided without charge to developing countries, mainly in the APEC region. Information from the Argentina, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Canada, Chile, China, Chinese Taipei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Indonesia, Italy, Japan, Luxembourg, Malaysia, Mexico, The Netherlands, New Zealand, Norway, The Philippines, Portugal, The Republic of Korea, Romania, Singapore, Slovakia, Spain, Sri Lanka, Sudan, Sweden, Switzerland, Thailand, Turkey, The UK, The US, Viet Nam, Ireland, India, Latvia, Liechtenstein, Lithuania, Peru, Russia, Saudi Arabia, Ukraine, Benelux Union, Eurasia Patent Office, EPO, European Community, Budapest Treaty, Madrid Agreement & Protocol, NAFTA, Paris Convention, PCT, Trademark Law Treaty, and TRIPS. The JPO intends to increase the number of countries and laws covered under this program.
IX. Other relevant matters