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Annual Technical Report on Trademark Information Activities in 2014 submitted by Industrial Property Office CZ

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In  2014 the average registration procedure time period was 11,6 months from the date of submitting the trademark registration application. This time period includes formal and substantive examination of the applications, technical procedure concerning the preparation for publication, three month statutory time limit for opposition and registration time. In comparison with 2013 the regisration registration procedure time has not significantly changed. On the other hand, there is a growth of decisions related to pending applications.

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Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs

Electronic filing of trademark applications: http://upv.cz/en/client-services/on-line-filing.html

Element of proceedings: http://isdv.upv.cz/portal/pls/portal/portlets.rejst.formular?lan=en

Search service: http://upv.cz/en/client-services/information-services/search-services.html

Fees and payments: http://www.upv.cz/en/client-services/fees.html

Information on business procedure related to trademarks: http://upv.cz/en/ip-rights/trade-marks.html

Information on Services: http://www.upv.cz/en/client-services/information-services/information-and-consultation-centers.html

Publications: http://www.upv.cz/en/publications.html

Trademark databases: http://www.upv.cz/en/client-services/online-databases/trade-mark-databases.html

Trademark classification system: http://www.upv.cz/en/publications/classsification-systems/classification--trade-marks.html

Availability of the application dossier in electronic form

The content of the file (element of proceedings) is available at: http://isdv.upv.cz/portal/pls/portal/portlets.rejst.formular?lan=en

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

The 10th edition of the Nice Classification of Goods and Services for the Purposes of the Registration of Marks has been in effect since January 01, 2013 for the purposes of trademark filing and registration.

Every trademark application shall contain a list of goods or services for which the mark is to be registered. Goods and services are listed in a sequence of classes of the Nice Classification and the appropriate number of this classification is mentioned.

The 7th edition of the Vienna Classification of the Figurative Elements of Marks, published on December 13, 2012,  has been used.

In order to assist the applicants in the orientation in the above mentioned trademark classifications, classification systems are displayed on the web site of the IPO CZ (http://www.upv.cz/en.html) too.

(ii) Use of electronic classification systems and pre-defined terms of the classification applied

Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)

Other activities

 Information on classification system

http://www.upv.cz/en/publications/classsification-systems/classification--trade-marks.html

Obligation for applicants to use pre-defined terms of the classification applied

To use pre-defined terms of the classification applied is only recommended.

Bibliographic data and processing

Trademarks are searchable by application and registration number, TM wording, name of applicant or holder or licensee, previous holder, representative, pledgee, Vienna classes, classes of goods and services and names of goods and services, application filing date, priority date, publication and registration date and date of termination of validity.  Representation of trademarks is also available in form of a gallery.

III. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE

Main types of publications in the field of trademark information, outline of the content and medium (on paper, on CDs, online - URLs)

Office notices are published weekly in the electronic Official Bulletin of the Industrial Property Office of the Czech Republic. Notices are also published at the Office’s website.

Mass storage media used are hard discs, magnetic tapes for backup and paper.

Trademark bulletins of foreign offices in an electronic or paper version and ROMARIN DVDs from WIPO are received regularly. WIPO and Community Trademarks Bulletin are available in electronic version via Internet (new volumes) and in CD/DVD or paper version (previous volumes).

Description of information products and services offered by the Office and how to access and utilize them

The Office’s website: http://www.upv.cz/en.html

Information on Services: http://upv.cz/en/client-services/information-services/information-and-consultation-centers.html 

Publications: http://www.upv.cz/en/publications.html

Trademark databases: http://www.upv.cz/en/client-services/online-databases/trade-mark-databases.html

Trademark classification system: http://www.upv.cz/en/publications/classsification-systems/classification--trade-marks.html

Since 2007, there are no official gazettes of the Official Bulletin of IPO CZ produced and published on CDs or in paper versions.

Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.Information products (coverage, medium, etc.) available to examiners, including external documentation and databases

Publishing, printing, copying techniques

The trademarks information is accessible in the Official Bulletin of the Industrial Property Office of the Czech Republic. Since from 2007 this has been published weekly in an electronic form only and the paper version has been discontinued.

Main types of announcements of the Office in the field of trademark information

The Bulletin is published on a weekly basis (updated every Wednesday) instead of the monthly basis as it was before. The files are downloadable free of charge with no prior registration / subscription needed. The Acrobat Reader viewer is needed to open, view and print PDF files. The information as published shall be the authentic one for legal purposes. As from No. 1/2000, the Official Bulletin has been available at the web site of the IPO CZ as an electronic document in PDF format. You can find it here: http://www.upv.cz/en/publications/ipo-bulletin.html

The Bulletin contains the following types of announcements:
  • Survey of the INID codes for identification of bibliographic data           
  • Survey of the chapters     
  • Codes of the states           
  • Refused or partially refused trademark applications before publication             
  • Survey of the published trademark applications
  • Published trademark applications 
  • Refused or partially refused trademark applications after publication 
  • Rejected oppositions        
  • Survey of the trademark registrations without change in relation to published applications          
  • Registrations of trademarks without change in relation to published applications            
  • Survey of the trademark registrations with change in relation to published applications
  • Registrations of trademarks with change in relation to published applications  
  • Recording of license contracts concerning trademarks           
  • Recording of license contracts concerning internationally registered trademarks
  • Trademarks cancelled and declared invalid              
  • Survey of the renewals of trademark registrations    
  • Renewals of trademark registrations            
  • Laps of trademarks due to expiration of the period of protection          
  • Surrender of the right to the trademark        
  • Changes in the wording/reproduction of the trademarks and in the list of goods and services     
  • Changes in the ownership of the trademarks            
  • Changes in the ownership of the trademarks for a part of goods and services 
  • Amendments in the data concerning trademark holders        
  • Excuse of failure to comply with a time limit
  • Other relevant data and official rectifications             
  • Appellations of origin/geographical indications
  • Survey of the published applications of the coloured trademarks
Mass storage media and microforms used

Mass storage media used are hard discs, magnetic tapes for backup, and physical original in paper version.

Word processing and office automation

Trademarks are searchable in the public database. It provides a range of search options including application and registration number, TM wording, name of applicant or holder or licensee, previous holder, representative, pledge, Vienna classes, Classes of goods and services and names of goods and services, application filing date, priority date, publication and registration date and date of termination of validity. Representation of trademarks is also available in form of a gallery. The public database is updated daily and automatically from database of the IPO. The public database contains trademarks (IPO CZ, OHIM, WIPO-CZ, WIPO-EU) valid in the Czech Republic.

Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)

Legal status information (kind of information, coverage, medium, etc.)

examiners, including external documentation and databases

The Office’s Examiners have an access to:

Other sources

Access to online trademark bulletin and to other sources of trademark information, including download of bulk trademark data

The Official Bulletin URL: http://www.upv.cz/en/publications/ipo-bulletin.html

The public database URL: http://www.upv.cz/en/client-services/online-databases/trade-mark-databases.htmlOther 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

Within the Office, there are obeyed, maintained and improved several business management systems:

  • ISO 9001 – QMS (Quality Management System) helps to assure a constant level of quality of services provided by the Office
  • ISO14001 – EMS (Environmental Management System) is used to help organizations (a) minimize how their operations (processes, etc.) negatively affect the environment (i.e., cause adverse changes to air, water, or land); (b) comply with applicable laws, regulations, and other environmentally oriented requirements, and (c) continually improve in the above.
  • ISO 27001 – ISMS (Information Security Management System) specifies a management system that is intended to bring information security under explicit management control. Fields of concerns are Security policy, Asset management, human resources security, access control, incident management system etc.
  • OHSAS 18001 – (Occupational Health and Safety Advisory System) helps companies to propose and implement precautions that, wherever possible, remove, reduce risks or isolate employees from them in a workplace. In case this is not possible, working activities have to be planned and managed through organizational precautions so that employees’ performance was safe and healthy.

The business process management system (BPMS) internally named ADONIS that describes the office’s processes flow structure is also deployed, maintained and improved. Each employee can find information on organizational structure, valid laws, rules and other documents, available applications, databases and information systems.

Hardware used to supporting business processes of the Office

Workstations - HP, processor Core2Duo, Core I3 and Core I5, RAM 1- 4 GB, HDD 160 - 250 GB. 300 workstations connected in the Office network are of the Office staff direct service. Thereof 50 computers connected in the Office network are intended for the clients of the Office and staff training service The Office uses the ETHERNET network and computers run WINDOWS Seven operating system. MS OFFICE – 2003/2007/2010/2013 software. The Office uses CD, DVD and magnetic tapes as data mediums.

Internal databases: coverage, updates, interlinks with external sources

In-house systems (online/offline)

The Office maintains an in-house search database of all trademark applications and registered trademarks with effect for Czech Republic (national, CTM, WIPO). The database is not accessible to the public but its structure corresponds to the public database.

External databases

The Office provides free access to the database comprising the data concerning not only the Czech national trademarks but also the international trademarks (applied for or registered)  valid in the territory of the Czech Republic or EU, WIPO – 6ter and the Community trademarks applied for or registered by the Office for Harmonization in the Internal Market at the IPO CZ website http://www.upv.cz/en/client-services/online-databases/trade-mark-databases.html

The Office and users can also perform searches in the publicly accessible databases provided freely on the Internet by the other national offices. The Office also regularly uses the “eSearch plus (previously CTM Online” database) and TMview database both maintained by OHIM and the “ROMARIN” database (maintained by WIPO) which contains the international trademarks. Other national databases provided freely on the Internet are used as well. The links to these databases are provided at the Office´s web site (http://www.upv.cz/en.html)

Last but not least the commercial database Corsearch (Wolters Kluwer) is used by the Office under contract and the access is paid.

Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file

Since 1996 a paper search file has neither been maintained nor used. Since January 2014, the IPO is currently using “SyPP”, version 2.0, (industrial property rights system) automation system for trademarks for file building. Public databases are updated automatically only. Trademark register is kept in an electronic form only.

The Office uses the internal information system SYPP2 (starting from January 2014) to proceed the applications of patents, supplementary patent certificates, utility models, industrial designs, trademarks and geographical indications. The system has been developed since 2011 as a major upgrade of previous version SYPP which was used from 2004 until 2013. The new application is more flexible, based on Oracle Forms with easier maintaining and more flexible data structure. Data are stored in xml format including the history. The system is also more user-friendly. System is  connected with central registers of the Czech Republic (ISZR). The project was co-financed by the European fund for regional development within the EU project Enforcement of Industrial Property Rights..The system enables to maintain official registers of all the industrial property rights. Furthermore it archives all incoming and outgoing communications of the Office, provides the information on the state of proceeding, legal status of registrations and statistical data. The Document Management System (DMS) is integrated as well.. The system also processes international trademarks with designation of the Czech Republic and international trademark applications, where the IPO is office of origin pursuant to Madrid agreement and Protocol. The data are transferred to the electronic Office’s Bulletin and to the public search database. The system  is compatible with electronic filing recognizing authorized electronic certificates. The on-line filing system was launched in August 2006, the current version of on-line filing system was released in September 2009. Starting from January 2008, the system produces automatic electronic extracts from registers upon online request.

Administrative management electronic systems (register, legal status, statistics, and administrative support)

Planning, administration, automation, security

Applications for trademark registrations can be filed by post, in person, by fax, via data box (an upload up to 10 MB) or electronically (with electronic signature an upload up to 20 MB) to the Office. Wide range of other communications may be submitted electronically via user-friendly interface (an upload up to 20 MB).
Bibliographic details of applications are entered into SyPP2 manually if the application is filed in paper form or automatically if the application is filed via online filing facility. The applicants receive confirmation of filing via post upon their request or electronically if application is filed online. The application file can be inspected after publishing the registration via the Office´s web site http://isdv.upv.cz/portal/pls/portal/portlets.rejst.formular?lan=en

Collection management, preservation

Extended safety is secured via SSL.

Backing up of data changes is done twice a week. Full back up of data is on weekly basis. Backed up files are preserved for 4 weeks.

Information services available to the public

The information centre and the helpdesk operate during the working days. They provide general information concerning the industrial property rights.

Trademark information services for the public are provided within the information centre, in the public reading room, common questions can be addressed to the helpdesk (helpdesk@upv.cz) and search requests to the search section. The Office received a total of 71 trademark search requests in 2014.(Since 2014 there has been a change in the methodology of statistical records of searches). A total of 1200 searches (for patents, designs, trademarks) was provided for the State administrative bodies.

The Office provides full range of brochures and leaflets free of charge. They can be downloaded in PDF format from the Office´s web site, taken in the office headquarters or sent upon request. The Office publishes its own books and the Industrial Property Journal (6 issues per year) reflecting the current issues of IP rights.Other matters

V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION

Office's library (if deals with trademark information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries

Patent library stores the trademark bulletins collection (Czech and foreign bulletins). Information about trademarks valid in the territory of the Czech Republic is accessible via public database. The database can be consulted in the public reading room equipped with PC workstations which are available for visitors.

The Office cooperates with Regional Patent Information Centres (PATLIBs) on information product dissemination.

Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.

The Office provides full range all IP kinds dedicated brochures, leaflets and guides free of charge. They can be downloaded in PDF format from the Office´s web site http://www.upv.cz/en/publications/information-brochures/information-brochures.html, picked up in the office headquarters or sent upon request. All the materials are distributed to visitors during fairs. The Office publishes its own books.

The Industrial Property Journal reflecting the current issues of IP rights is published six times a year.

Cooperation with universities, technology and innovation support centers, etc.

Cooperation with Metropolitan University Prague on training in a bachelor´s programme in „Industrial Property“ and a master´s programme in „International and Regional Relations in Industrial Property“. Lectures were held at a number of innovation and technology centres.

The IPO CZ also cooperates with other universities. There are seminars and educational activities (various topics) for students and academic staff organised in Office’s premises or in university headquarters. University students are also regularly invited for excursions and guided tours in the Office’s premises.

Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.

The Office presented its information activities and products at the following exhibitions and trade fairs:

  • 56th International Engineering Fair (Brno, CZ)
  • 13th International Trade Fair of Engineering Technologies FOR INDUSTRY 2014 (Prague, CZ)
  • 19th International Interior and design Trade Fair TENDENCE 2014 (Prague, CZ)
  • 22st International Trade Fair of Electrotechnics, Electronics, Automation, Communication, Lighting and Security Technologies AMPER 2014 (Brno, CZ)
  • Innovation 2014 (Prague, CZ)
  • 42st International Exhibition of Inventions (Geneva, CH)
  • 66th IENA - Exhibition of Inventions and Innovations (Nürnberg, DE)
Training courses for national and foreign participants

The IPO CZ regularly organizes wide range of training courses and seminars - such as Trademarks  - National and International Legal Protection, Searches in the National and Foreign Trademark Databases, IP Protection and National (CZ) and International Systems of IP Protection, Intellectual Property Protection in Business (SMEs), Technology Transfer, Enforcement of Intellectual Rights, IP Jurisdiction (administrative and judicial issues),. All the educational activities are organized for public, mainly for students, academic staff of universities, representatives of SMEs or research institutions and IP professionals.

Every year, a two-year distance learning study of industrial property rights begins within the Industrial Property Training Institute – Office’s own educational facility.

The Office cooperates with OHIM Academy on providing training and education.

Other activities

The IPO CZ continued in its activities for children and youth (elementary school pupils and secondary school students). The Office offers to them short training sessions on industrial rights, guided field trips to the Office's headquarters and an example search in patent databases, as well as courses for teachers interested in adding the topic of industrial rights to their curricula. A popular instructional leaflet about IP for children and youth has been prepared and a special section for youth is maintained on the IPO CZ website. The leaflet and comics books on the topics of patents, trademarks and copyright can be downloaded in this section. All the materials mentioned are also available for children and youth during their excursion to the IPO or during the fairs and exhibitions.

The IPO also kept on cooperating with the RVP.CZ Methodological Portal, operated by the National Institute for Education to support of teachers. The result of the cooperation is a webinar dedicated to intellectual (and industrial) property for teachers from elementary and secondary schools. Recording of the seminar is freely available on the portal RVP.CZ.

On the occasion of the 2014 Intellectual Property Day the IPO CZ organized a performance of ÚDIF alias Amazing Theatre of Physics. This very professional show in which its performers managed to combine individual physical effects with intellectual property issues was attended by 320 elementary school children.

A „Youth Section" was launched on the Office's website at the end of October 2014. It offers a new graphic design and brings information on discussions and excursions, offers quizzes for download, informational fliers and comics on the topic of patents, trademarks and copyright.

VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION

International exchange of trademark information in machine-readable form (e.g., Official Gazettes)

The Official Bulletin of the Industrial Property Office of the Czech Republic has been published exclusively electronically since the beginning 2007. The Official Bulletin is published on a weekly basis (updated every Wednesday) instead of the monthly basis as before. The paper version has been discontinued.
Electronic version of the Official Bulletin has been available since 2000 (Czech version, English version has been available since 2007) and accessible at the Office’s web site:

http://www.upv.cz/cs/publikace/vestnik-upv.html (Czech version)

http://www.upv.cz/en/publications/ipo-bulletin.html (English version)

Various courses and seminars were organized for students and representatives of SMEs or research institutions; Groups of university students were accepted  for excursions and guided tours in the  Office’s premises.

Participation in international or regional activities and projects related to trademark information

The Office continued its cooperation with the Office for Harmonization in the Internal Market (OHIM) and took part in a number of multilateral projects. The IPO CZ has been included in a group of so called harmonized participants in the TMclass – Harmonized Database of Products and Services project, The complete TMclass database for classifying products and services has been made accessible to users in the Czech language. The IPO CZ was also participating in the TMview project, which has as its goal to provide users free-of-charge access to information on trademarks valid in the European Union through a unified search interface.

Assistance to developing countries

Other activities

...

The IPO CZ held a regular two-week training course for 5 – 6 participants.

Other activities

The Industrial Property Office continued to fulfill responsibilities resulting from the Czech Republic's membership in the European Union especially related to the area of industrial property protection. It participated in the meetings of the EU Council Working Group on Intellectual Property.

In 2014 the first results of the Convergence Program organized by OHIM were put into practice; its goal is the harmonization of decision practice in the trademark areas in the European Union. This is especially with regards to changes in the approach to the classification of goods and services for the purposes of registering trademarks from the point of view of assessing the specificity and accuracy of terms used, the active participation of National Offices in the setting-up and management of the TM Class common database of goods and services, the assessment of the scope of protection of black and white trademarks, and the assessment of relative grounds for rejecting trademark applications.