Annual Technical Report 2010 on Trademark Information Activities submitted by Russian Federation (CWS/ATR/TM/2010/RU)
Where URLs are requested below, it is preferred that either URLs which are likely to remain stable over time (three years or more) are provided, or home (main) page URLs are provided with a short explanation of how to access the corresponding information.
I. Evolution of registration activities
Changes experienced in terms of application filings and registrations with respect to the previous year
The main trends in the development of activities in the field of trademark information are defined by the Comprehensive Plan for Development of the Rospatent System up to 2015, the Rospatent Computerization Plan for 2010, and the FIPS Plan of Measures for the enhancement and development of its activities for 2010.
The main trends in the Plans include:
- the creation for natural persons and legal entities of conditions assisting the fuller implementation by them of the rights for the protection of the results of intellectual activity and means of individualization, and their enforcement;
- a reduction in the time taken to examine applications, bearing in mind the forecast growth in the volume of such applications received;
- provision of high-quality examination and documents granting protection issued;
- increased effectiveness of information technology resources within the Rospatent system;
- training of specialists in the field of protection and use of intellectual property;
- implementation of monitoring in the sphere of legal protection and use of results of scientific research, design and technological work for civilian purposes, financed by the Federal Budget;
- implementation of international cooperation.
Depending on the type of measure, the anticipated deadlines for their implementation are planned between 2010 and 2015.
In 2010, work continued to supply the Electronic State Register of Trademarks and Service Marks of the Russian Federation, the State Register of Appellations of Origin of the Russian Federation and the Electronic List of Trademarks Well Known in the Russian Federation (hereinafter EGR), with entries bearing the electronic digital signature of the inputter. As at the end of December 2010, 37,410 new registrations had been inputted into the EGR and 51,315 registrations transferred from the paper State Register.
In 2010, the possibility of fee accounting for legally significant acts relating to applications for trademarks and appellations of origin was connected to the earlier devised and industrially operational unified system of fee accounting (Fees Unified Automated System), which established the use of electronic payment documents received from the Russian Treasury.
During 2010, the TM-ADMIN automated system operated on an industrial basis. Examiners were gradually connected for the purposes of examining claimed designations (currently 10 examiners' workstations have been connected). A full-scale introduction of the TM-ADMIN system is planned following a study of examiners in 2011, as a result of the need to resolve the tasks of integration with new operational annexes for trademarks (Electronic State Register and Unified Fee Accounting System) and enhancing the capacity of IT resources.
At the end of 2010 the automated system for electronic filing of trademark registration applications and electronic cooperation with Russian trademark system (KPS RTZ) applicants was brought into industrial use. During 2010, 250 applications were filed electronically and electronic digital signature certificates were issued to 38 system users. In 2011, a significant increase in the number of applications filed electronically is anticipated. As part of the development and introduction of KPS RTZ, issues of safe interaction between the Web-annex and the FIPS local in-house network have been resolved, together with the task of synchronizing data in the user's office and the TM-ADMIN database, and that of controlling the quality of information when inputting data and registering a trademark application. Use of KPS RTZ is based on the processing of electronic documents and should give rise to a reduction in examination times as well as in expenditure for the conduct of an examination.
As part of the development of electronic cooperation with WIPO in 2010, work was done to transmit to WIPO applications for international trademark registration on an electronic carrier. The work in question led to the conclusion in March 2011 of a corresponding agreement between Rospatent and the WIPO International Bureau on the exchange of documents for international registrations of marks as part of the Madrid System and forms of outgoing correspondence with the WIPO International Bureau.
Trends or areas experiencing rapid changes with respect to the previous year
Table 1 shows that the overall number of trademark registration applications filed in the Russian Federation in 2010 increased in comparison with 2009. The increase represents 13.45 per cent, mainly as a result of growth in the number of applications received from Russian applicants (up by 23.77 per cent) and the negative momentum of applications filed according to the Madrid Agreement or Protocol Procedure was preserved (a fall of 5.45 per cent).
As regards trademark registration, a fall of 3.45 per cent was observed, and that trend has been established as a result of applications from foreign applicants, the number of which fell by 10.62 per cent, while slight growth was noted among Russian applicants, of 2.71 per cent.
URLs of web pages of the Office’s website that provide statistics related to trademarks
Web page addresses on the Office sites contain:
• information on trademark legislation – Trademarks, service marks and appellations of origin heading in the Normative Documents section
http://www.rupto.ru/norm_doc/sod/norm_doc/tz_nmpt.html;
• statistical information – Rospatent Annual Reports section
http://www.rupto.ru/about/sod/otchety.html;
• Statistical information on the use of intellectual property heading:
http://www.rupto.ru/rosp_reg/sod/Statistika/Stat_infa.html;
• information on open sources relating to trademark information systems – References section
http://www.rupto.ru/ssilki/ssilki/htm;
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/link_resources/;
• information communications in the Trademarks, Service Marks and Appellations of Origin section
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/brands_and_points.
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
Publishing, printing, copying techniques
All the information on trademarks, service marks, appellations of origin and certificates for the right to use an appellation of origin was published in the Rospatent Trademarks, Service Marks and Appellations of Origin Official Gazette on an electronic carrier with search system.
Rospatent trademark publications are listed in Table 2.
The Trademarks, Service Marks and Appellations of Origin Official Gazette on electronic carrier with search system and the corresponding paper gazette are distributed by subscription. The last two Gazettes are available on the Rospatent site.
The webpage addresses on the Office sites, which provide information relating to Office publications, are:
• the Administrative Regulations on the performance by the Federal Service for Intellectual Property, Patents and Trademarks of State functions relating to the keeping of registers of registered intellectual property subject matter, publication of information on registered intellectual property subject matter, applications filed and the patents and certificates granted therefor, on the validity, termination of the validity and renewal of validity of legal protection for intellectual property subject matter, and transfer of rights in protectable subject matter, and the official registration of intellectual property subject matter
http://www.rupto.ru/norm_doc/sod/prikaz/minobrnauka/346_07/Po_vedeniyu_reestrov_zaregistriruvannah_obektov.htm#1;
• Regulations on Official Publications of the Federal Service for Intellectual Property, Patents and Trademarks in the Patent-Information Products section
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/publishing_activities/publication_act;
• Rospatent Annual Reports
http://www.rupto.ru/about/sod/otchety.html;
• Prospectus of Publications and Databases in the Patent-Information Products section
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/publishing_activities/
http://www1.fips.ru//wps/wcm/connect/content_ru/ru/inform_resources/electron_bulletins/inventions_utility_models/
Main types of announcements of the Office in the field of trademark information
The forms of notifications on trademarks, published in the Rospatent Trademarks, Service Marks and Appellations of Origin Official Gazette are listed below:
- extension of the term of validity of a trademark registration;
- change in the denomination, first name, surname or patronymic of a rights owner and/or place of business or residence. Change of correspondence address;
- reduction of the list of goods and/or services for which a trademark is registered, for the information of the rights owner;
- change to the individual elements of a trademark, which do not alter its essential features;
- State registration of an agreement on alienation of the exclusive right in a trademark for all goods and/or services;
- State registration of an agreement on alienation of the exclusive right in a trademark for part of the goods and/or services;
- registration of a licensing agreement, changes (additions) to a licensing agreement,
termination (premature) of a licensing agreement;
- registration of a sub-licensing agreement, changes (additions) to a sub-licensing agreement;
- termination (premature) of a sub-licensing agreement;
- registration of a commercial concession agreement;
- changes (additions) to a commercial concession agreement;
- termination (premature) of a commercial concession agreement;
- registration of a commercial sub-concession agreement;
- termination (premature) of a commercial sub-concession agreement;
- changes (additions) to a commercial sub-concession agreement;
- replacement of a national registration with an international registration;
- replacement of a national registration with an international registration for individual classes;
- recognition as completely invalid of the grant of legal protection for a trademark;
- recognition as partially invalid of the grant of legal protection for a trademark;
- premature termination of legal protection of a trademark, partially;
- premature termination of legal protection of a trademark, fully;
- cancellation of a decision to terminate legal protection of a trademark;
- recognition as invalid of a registration number;
- issue of a duplicate trademark certificate;
- division of an individual trademark registration;
- changes to the list of persons having the right to use a collective mark;
- State registration of the transfer of the exclusive right in a trademark without agreement;
- State registration of a pledge (subsequent pledge) agreement;
- State registration of changes entered into a registered agreement;
- State registration of termination of a registered agreement;
- other changes relating to a trademark registration;
- correction of obvious and technical errors in Gazette publications.
URLs of web pages of the Office’s website that provide access to online trademark gazettes and to other sources of trademark information, including download of bulk trademark data
The webpage addresses on the Office site, which provide access to online publications, are:
• Trademarks, Service Marks and Appellations of Origin in the Electronic Gazettes section
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/electron_bulletins/brands_and_points;
• In the Information Resources section:
International classifications of goods and services
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/international_classification/trade_marks/;
Open registers of Russian patent documents
http://www1.fips.ru/wps/portal/Registers/ subsections.
From the above page, a user may refer to the following resources using the appropriate link:
Register of Trademarks and Service Marks of the Russian Federation
Register of Appellations of Origin of the Russian Federation
Register of Trademarks Well Known in the Russian Federation
Register of International Trademarks
Register of Russian Federation Trademark and Service Mark Registration Applications
Register of Applications for Registration of an Appellation of Origin of the Russian Federation
III. Matters concerning classifying, reclassifying and indexing of trademark information
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 (please indicate whether goods and services for the registration of marks and whether the figurative elements of marks are classified by your Office and, if so, which classification(s) is (are) used)
The International Classification of Goods and Services for the Purposes of the Registration of Marks, founded by the parties to the Nice Agreement (hereinafter ICGS) defines the examination functions and scope of rights of owners of registered trademarks in the Russian Federation. As of January 1, 2012 the Tenth Edition of ICGS will enter into force.
The figurative elements of marks are classified by the Office according to a classification based on the International (Vienna) Classification of the Figurative Elements of Marks.
The recommendations of WIPO Standard ST60 are used to index bibliographical data.
In 2008, additional automatic reclassification of the figurative elements of trademarks was done in accordance with the latest version of the International (Vienna) Classification of the Figurative Elements of Marks, in other words for examination purposes it is possible to search and review search results according to two different classifications. In 2009, work had been done on the automated classification of applications received according to the Sixth Edition of the International (Vienna) Classification.
In 2010, Rospatent participated actively in preparatory work aimed at introducing, from January 1, 2012, the Tenth Edition of ICGS. In accordance with the program of the International Bureau of WIPO, in 2010 work was done to analyze all the changes and updates which will be included in the Tenth Edition of ICGS. The Delegation of Rospatent participated in the work of the Preparatory Working Group of the ICGS Nice Union for the registration of marks. As a result of Rospatent's work on the Committee of Experts of the International Bureau of WIPO, a position was adopted in relation to support for the proposals to improve ICGS, including the promotion of Rospatent's proposals.
An analysis was conducted of the appropriateness of Rospatent participating in the work to create a tripartite list of goods and services produced by the United States Patent and Trademark Office, the Patent Office of Japan and the Office for Harmonization in the Internal Market.
The Trademarks and Registrations Division participates in the normative and method-related settlement of issues relating to the consideration of applications for registration of non-traditional trademarks and publication of the corresponding information. In this regard, information received as a result of the participation of the Delegation of Rospatent in the Standing Committee working on legislation in the area of trademarks, industrial designs and geographical indications is widely used.
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
The accuracy of the classification of the goods and services indicated in a trademark registration application is verified according to the electronic version of the Ninth Edition of ICGS. Based on the results of the scientific research done, as a result of the need to form a base of names of goods and services, the following lexical and semantic information materials have been devised and put together in the form of finalized systems:
- LEXINTU (a lexical and semantic identifier of names of goods and services);
- LEXINFORM (a lexicographical information journal of goods and services).
The LEXINTU and LEXINFORM periodicals provide examiners with the timely receipt of information on all lexical changes to the names of goods and services, which assists an objective evaluation of the similarity of goods and services when specifically examining a trademark.
A four-language version of LEXINTU (languages: Russian, French, English and Spanish) has also been created, intended for inclusion in the information-search automated system for trademark examination.
The continuous verification of the emergence of new goods and services on the market carried out allows the search base to be updated for operational purposes, taking into account all linguistic changes to the names of goods and services.
Obligation for applicants to use pre-defined terms of the classification applied
For an unambiguous evaluation of the scope of the rights in registered trademarks when describing goods/services, applicants are recommended to avoid using undefined or general expressions and to make use of the terminology of the existing version of ICGS.
For the correct classification of each specific good or service, applicants are recommended to use directly the lists of goods and services and clarifications for each class respectively, since the headings of the classes indicate in general terms only the fields to which goods and services in principle may relate, and do not contain the names of specific goods or services.
Applicants are not, however, obliged to use only the terms indicated in ICGS or LEXINTU.
IV. Trademark manual search file establishment and upkeep
Storage, including mass storage media
For searches of the verbal and figurative elements of trademarks, an automated system search subsystem, hereinafter Trademarks of the Russian Federation Automated System, is used. A search is conducted in three stages (i.e. offline): preparation of the trademark search model and search instruction; launch of the search instructions on the server; review of the search results by an examiner.
At Rospatent the Trademarks of Russia database is used, containing trademarks published on CD-ROM optical disks, in which the information-search system MIMOSA V6 is used.
In 2007, work was completed on developing new software for work with the three-language version of ICGS 9, integrated with an automated trademark search system, TM-EXAM-SEARCH (TMES), which is part of the electronic trademark document exchange system, TM-ADMIN. The software enables processing of a list of goods and services in two ways: collectively and individually, and the work enables goods and services in trademark applications/registrations to be linked with ICGS terms, thereby allowing search results which are accurate to the individual term to be obtained.
V. Activities in the field of computerized trademark search systems
In-house systems (online/offline)
The in-house Rospatent trademark databases are:
- a database of Russian trademarks (contains information on 351,000 Russian trademark certificates from 1925 to 2010 inclusive; updated - daily);
- a database of appellations of origin (contains information on 275 certificates from 1992 to 2010 inclusive; updated - daily);
- a database of trademarks well known in Russia (contains information on 101 marks from 2001 to 2010 inclusive; updated - daily);
- a database of international trademarks with the indication Russia (contains information on 211,000 international trademarks with the indication Russia from 1980 to 2010 inclusive; updated - weekly);
- a database of trademark applications (contains information on 234,000 applications from 2005 to 2010 inclusive; updated - daily);
- a database of applications for registration of an appellation of origin (contains information on 196 applications from 2005 to 2010; updated - daily).
In 2010, internal and external users made more than 4,116,000 requests using the information-search system available on the Rospatent site, 16 per cent of the overall number of requests were made in relation to the databases of trademarks and appellations of origin.
In 2010, internal and external users of the registers on the Rospatent site made more than 13,728,000 requests, 41 per cent of the overall number of requests were made in relation to the registers of trademarks and registers of appellations of origin.
Users of the site are provided with free access to Rospatent Gazettes published between 2005 and 2010.
National patent gazettes and gazettes from foreign countries and international organizations, both in the form of special gazettes and general industrial property gazettes with sections devoted to trademarks form part of the international exchange or also data are downloaded from Office sites.
Administrative management systems (e.g., register, legal status, statistics and administrative support)
In 2010, work was done to take account of the amendments made to legislation, reflected in the Administrative Regulations adopted in relation to implementation of the functions of the Federal Office, resulting from the requirements of Part IV of the Civil Code of the Russian Federation. As part of this work, substantive changes were made to the Rospatent Trademarks of the Russian Federation and Electronic State Registers Automated Systems.
In 2010, the Electronic State Registers Automated System was brought into industrial operation. As of September 15, 2009, information on registrations is entered only into EGR. In order to provide operational access to the information contained in EGR, Rospatent prosecution systems have been connected thereto. Each EGR entry is signed with an electronic digital signature by the inputter, thereby identifying the signatory and confirming his/her authority at the time of signature. In addition to the inputting of information into EGR, the system is supplied with entries made in the records of the State Registers up to September 15, 2009.
The development of the automated system for the electronic filing of trademark registration applications and electronic interaction with KPS RTZ applicants was completed and the system was brought into experimental operation. KPS RTZ is intended to serve the processes of the exchange of electronic documents between an applicant and the Office, including primary application materials, using an electronic digital signature and is integrated into the program environment of an automated system for the paperless prosecution of trademark applications, TM-ADMIN.
The Office uses the following prosecution systems in the field of trademark information:
• the Trademarks of the Russian Federation Automated System - prosecution of applications for trademarks and appellations of origin;
• the Agreements Unified Automated System - prosecution of agreements on industrial property subject matter, relating to the competence of the Office, including trademarks;
• the Amendments to Trademark Registrations Automated System - prosecution of requests received following trademark registration (for example, extension, change of owner, termination of validity);
• the Prosecution of International Registrations Automated System;
• the TM-ADMIN electronic document exchange system - registration and processing of documents, including scanning, recognition and data input procedures, document examination processes, preparation and dispatch of outgoing correspondence;
• the KPS RTZ system is intended to create the applicant's office and serve the processes of exchange of electronic documents between the applicant and the Office, including primary application materials, functions using means of cryptography and electronic digital signature, and is integrated in the program environment of the automated system for the paperless prosecution of trademark applications, TM-ADMIN;
• the Madrid-2007 Automated System - prosecution of international trademark registrations;
• the electronic exchange of data with WIPO relating to international trademark registrations is done based on the MECA technology using the WIPO ST.66 standard. Decisions on preliminary and final refusal are sent to WIPO electronically;
• the Electronic State Register of Trademarks and Service Marks of the Russian Federation, the State Register of Appellations of Origin of the Russian Federation and Electronic List of Trademarks Well Known in the Russian Federation (hereinafter EGR). Each EGR entry is signed using the electronic digital signature of the inputter, thereby allowing the signatory to be identified and his authority to be confirmed at the time of signature;
• the unified fee accounting system (Fees Unified Accounting System), establishing the use of electronic payment documents received from the Russian Treasury, allows fees for legally significant acts to be taken into account in relation to applications for trademarks and appellations of origin.
When conducting the examination of a claimed designation, a search is made of the identity and similarity using automated search systems, therefore the paper collection is not kept and maintained in its current form.
Examiners are given the possibility to work with all databases on trademarks, appellations of origin, well known trademarks, trademark applications and international trademarks with the indication Russia.
Examiners use external databases freely available through the Internet - WIPO and INN.
Examiners also use external databases:
• Madrid Express (http://www.wipo.int/ipdl/en/search/madrid/search-struct.jsp)
• Romarin (http://www.wipo.int/romarin/)
Equipment used (hardware, including the types of terminal and network used, and software), carriers used
Equipment used:
Prime Power 1500 server
(OM - 32 GB, processors – 10, external memory – 14 TB)
HP DL380 server – 24 units
(OM – 4GB, processors – 2, external memory – 200 GB)
HP DL580 server – 8 units
(OM – 16 GB, processors – 4, external memory 600 GB)
HP P4, Fujitsu-Siemens workstations – 660 units
Software:
Solaris, Windows 2000 Server, Windows XP and Windows 2003 Server operating systems.
Carriers used:
SDLT and Ultrium magnetic tapes
VI. Administration of trademark information products and 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)
Collection management, preservation
The trademark collection is held at the All-Russian Patent Technology Library (VPTB) on both paper and optical disks, and includes:
- the Rospatent Trademarks, Service Marks and Appellations of Origin Official Gazettes;
- patent gazettes of foreign countries and international organizations, both in the form of special gazettes and general industrial property gazettes with sections devoted to trademarks;
- databases including information on trademarks of foreign countries and international organizations.
The collections, both on paper and in electronic format, are organized along geographical, systematic and numerical lines.
In 2010, the trademark gazettes from all countries issued constituted about 23,200 storage units on paper and approximately 17,300 optical disks were viewed by users.
Information services available to the public (including computerized services and search files contained in libraries remote from your Office and trademark information posted by your Office on the World Wide Web)
In 2010 users were issued on subscription with the Trademarks, Service Marks and Appellations of Origin Official Gazette on CD/DVD with a frequency of 24 issues per year. In addition to the Official Gazette on disk, a paper Gazette was published.
For new subscribers and also for the purposes of keeping up to date patent collections, sets of the Trademarks, Service Marks and Appellations of Origin Official Gazette, issued in previous years (2007-2009), are offered on CD/DVD.
In addition, in 2010 users were offered sets of information on trademarks for 2005-2009, each on one DVD, and also a retrospective array of information on trademarks from 1991 to 2004 on one DVD.
Users were also offered editions of ICGS (Ninth Edition) (ICGS-9) on CD and paper and of the International Classification of the Figurative Elements of Marks (Vienna Classification) (Sixth Edition) on paper.
In 2010 the third edition of the reference publication Lexico-Semantic Identifier of Names of Goods and Services was issued in Russian on paper. It updates the periodical Lexicographical Information Gazette of Goods and Services.
All products on optical disks were distributed together with the software MIMOSA ISS, which provides searches of bibliographical data, ICGS indexes, the verbal elements of a mark and also combinations thereof. The documents found during a search may be viewed and printed in full.
On the FIPS Internet site, an analog of the Trademarks, Service Marks and Appellations of Origin Official Gazette was published and registers continued to be kept of Russian trademarks and service marks, appellations of origin, trademarks well known in Russia, applications for Russian trademarks and service marks, and international trademarks with the indication Russia showing their legal status.
In addition, users are given free access to information on Russian Federation trademark and service mark registration applications with a date of receipt after January 1, 2005.
On the basis of official information on trademarks, subject-related databases are produced according to special requests made by users.
In 2010, access was granted on the Rospatent Internet site to:
- registers of Russian trademarks;
- registers of appellations of origin;
- registers of trademarks well known in Russia;
- registers of trademark applications filed between 2005 and 2010;
- registers of applications for registration of an appellation of origin, filed between 2005 and 2010;
- registers of international trademarks with the indication Russia from 1980 to 2010 inclusive;
- Trademarks, Service Marks and Appellations of Origin Official Gazettes published during the past month.
On the FIPS site users are granted access to:
- an information-search system (ISS);
- registers of Russian trademarks;
- registers of appellations of origin;
- registers of trademarks well known in Russia;
- registers of trademark applications filed between 2005 and 2010;
- registers of applications for registration of an appellation of origin;
- registers of international trademarks with the indication Russia from 1980 to 2010 inclusive;
- Trademarks, Service Marks and Appellations of Origin Official Gazettes published during the past month.
ISS users are granted access to:
- a database of Russian trademarks (contains information on 351,000 Russian trademark certificates from 1925 to 2010 inclusive; updated - daily);
- a database of international trademarks with the indication Russia (contains information on 211,000 international trademarks with the indication Russia from 1980 to 2010 inclusive, updated - weekly) - for trademark database subscribers;
- a database of appellations of origin (contains information on 275 appellations of origin from 1996 to 2010 inclusive, updated - daily) - for trademark database subscribers;
- a database of trademarks well known in Russia (contains information on 101 well known marks from 2001 to 2010 inclusive, updated - daily);
- a database of trademark applications filed between 2005 and 2010 (contains information on 234,000 applications; updated - daily) - only for FIPS examiners;
- an ICGS database.
Users' work with information-search system
Access for external users to all databases, except for applications databases, is granted in return for payment. Searches of the trademark applications database are currently not available to external users.
Free access to trademarks, appellations of origin, well-known trademarks and international trademarks databases is granted to:
- 20 organizations of the Federal Customs Service;
- 85 organizations of the Federal Service of Court Bailiffs;
- 169 organizations of the Ministry of Internal Affairs;
- 10 organizations of the Federal Anti-Monopoly Service.
External users are provided free of charge with:
- a database containing documents published in the last two Trademarks, Service Marks and Appellations of Origin Official Gazettes,
- the ICGS database.
On the FIPS site users are granted access to information on the legal status of trademarks, which is renewed daily.
In addition, in open registers of trademark registration applications information is provided on the status of prosecution of applications, renewed daily. Data on different statuses are compiled on the basis of data in the Trademarks of the Russian Federation Automated System prosecution system.
Information on the legal status of trademarks is published in the Trademarks, Service Marks and Appellations of Origin Official Gazette (on CD/DVD), in the paper Gazette and on the Rospatent site:
- information on the State registration of trademarks;
- information on the entry of amendments to records in the State Register of Trademarks of the Russian Federation (Gazette Notifications section).
URLs of web pages of the Office’s website that provide information on business procedures such as: filing, publication, examination and registration procedures related to trademarks; opposition and appeal procedures related to trademarks; etc.
The web page addresses on the Office sites, which provide information relating to the filing of applications, are:
• Rules for compiling, filing and considering trademark and service mark registration applications
http/:www.rupto.ru/norm_doc/sod/pravila/Pravila_podachi_zajavki_na_reg_TZ.htmlhttp://www.rupto.ru/norm_doc/sod/prikaz/minobrnauka/326/Pritm_zajavok_na_poleznuy_model.html – 1;
• Administrative Regulations for the performance by the Federal Service for Intellectual Property, Patents and Trademarks of State functions relating to the organization of the receipt of applications for registration and grant of the right to use an appellation of origin or an application for the grant of a right to use an already registered appellation of origin, consideration and examination thereof, and grant in accordance with established procedure of Russian Federation certificates
http://www.rupto.ru/norm_doc/sod/prikaz/minobrnauka/328/Priem_zajavok_na_naimenov_mesta_proish.html#l1;
• Models for applications and declarations, and examples of their completion heading in the Trademarks, Service Marks and Appellations of Origin section;
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/brands_and_points/obr_zz;
• Electronic Interaction with Applicants section
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/el_zayav;
• Fees section
http://www.rupto.ru/poshl/poshl.htm;
Acts relating to the State registration of trademarks and service marks, State registration and grant of an excusive right in an appellation of origin
http://www.rupto.ru/norm_doc/sod/post_prav/pril_pol_poshl_941.html#2.
On the Rospatent and FIPS sites access is provided to:
- a database of applications for trademarks, filed between 2005 and 2010, which contains information on the prosecution of applications filed from 2008 to 2010, updated daily;
- a database of applications for registration of appellations of origin, filed between 2005 and 2010, which contains information on the prosecution of applications filed from 2008 to 2010, updated daily.
As part of the TM-ADMIN system, access is provided to electronic application documents, including primary application materials, documents relating to application correspondence and structured data.
URLs of web pages of the Office’s website that provide a description of information products and services offered by the Office (e.g., trademark search service(s) and trademark databases), as well as information on how to access and utilize them
• information on subscription to patent-information products - in the Patent-Information Products: Prospectus of Publications and Databases section
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/publishing_activities/;
Procedure for acquiring publications and databases subsection
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/publishing_activities/porayad_pr/;
• conducting a search in the Information Resources section
Services
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/article_6/;
Information-Search System: Databases subsection
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/inform_retrieval_system/article 2/;
Open registers http://www1.fips.ru/wps/portal/Registers subsections;
Trademarks, Service Marks and Appellations of Origin in the Electronic Gazettes section
http://www1.fips.ru/wps/wcm/connect/content_ru/ru.inform_resources/electron_bulletins/brands_and_points;
• Patent databases - Databases subsection in the Information-Search System section
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/inform_retrieval_system/article_2;
• information on access to resources and their use - in the Information-Search System section Support
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/inform_retrieval_system/article_4;
Instructions
http://www1.fips.ru/wps/wcm/connect/content/_ru/ru/inform_resources/inform_retrieval_system/article_1a subsections.
VII. Matters concerning mutual exchange of trademark documentation and information
International or regional cooperation in the exchange of trademark information, e.g., in the form of official gazettes
During 2010, officials of the Trademarks and Registrations Division took part in the work of a number of seminars and conferences held on Russian territory (including those organized and/or held with WIPO’s support) and gave reports on trademarks. Division officials also represented Rospatent at the annual 132nd Conference of the International Trademark Association (INTA) in Boston, United States of America, and gave papers on the system of legal protection for trademarks in Russia, i.e. “Use of Madrid System in the Russian Federation”.
The modern possibilities offered by automated information technologies, accessible to all categories of users, placed before information centers throughout the world new tasks – not simply to provide a user with primary initial information, but beforehand to carry out particular comprehensive processing of this information and, consequently, to provide a more “intellectual” service for users.
This idea was discussed not for the first time at the annually organized international PATLIB conference, and has already been implemented in practice in the majority of sufficiently large information centers that possess patent collections.
Since 2008, representatives of FIPS VPTB have participated in the work of PATLIB and have synchronized their capabilities to provide “intellectual services” for different categories of users with experience from foreign colleagues.
On November 30 and December 1, 2010, at Rospatent headquarters an interregional WIPO Symposium was held on the problems of access to patent information and strategy for its use in order to promote innovations, at which issues relating to “intellectual services” were the subject of significant attention. Officials from Rospatent and FIPS participated in the organization and work of that forum.
Exchange of machine-readable information
As part of international exchange in 2010, 51 annual sets of the Rospatent Trademarks, Service Marks and Appellations of Origin Official Gazette were sent on optical disks to 46 foreign countries and three organizations.
The VPTB Division receives trademark information both in the form of special gazettes and in the form of sections in general industrial property gazettes from 49 countries and three international organizations.
In 2010, 1,399 copies of trademark gazettes (including: on paper – 188 copies (individual gazettes – 78; sections – 110); on optical disks - 424 copies (individual gazettes – 229; sections – 195); downloaded from the Internet - 787 copies (individual gazettes – 537; sections - 250) were received on all forms of carriers from WIPO, Germany, Japan, Republic of Korea, United States of America and other countries.
VIII. Matters concerning education and training, including technical assistance to developing countries (please indicate URLs of web pages of the Office’s website wherever appropriate)
Promotional activities (seminars, exhibitions, visits, advertising, etc.)
In 2010, the subjects of 13 conferences and seminars held in different regions of the Russian Federation were devoted to the problems of trademark registration.
Information on the main important events, held in 2011, is given below:
From March 30 to April 2, 2010, the Thirteenth Moscow International Exhibition of Inventions and Innovation Technologies, “Archimedes”, was held in Moscow. On March 31, 2010, as part of the Exhibition a scientific and practical conference and roundtable entitled “Legal protection of intellectual property in the context of the entry into force of Part Four of the Civil Code of the Russian Federation and Administrative Regulations” were organized and held by Rospatent and FGU FIPS.
As part of the Thirteenth Moscow International Exhibition of Inventions and Innovation Technologies, “Archimedes”, a competition “Leader Trademark” was held.
July 6. Meeting of the heads and specialists of Rospatent with patent attorneys (roundtable). The meeting was held in relation to the subject “Discussion of the proposals by Rospatent to optimize administrative procedures”.
From September 7 to 10, 2010, the Tenth Moscow International Exhibition of Innovations and Investments was held – the largest annual exhibition event in the Russian Federation, which is of enormous significance for the successful integration of Russian innovation potential into the national economy.
October 14-15. The Fourteenth Traditional Scientific and Practical Conference of Rospatent entitled “Development of legal protection for intellectual property subject matter and information technologies in this sphere”, devoted to the fiftieth anniversary of VNIIGPE-FGU FIPS.
(ii) Cooperation with universities, technology and innovation support centers etc.
In 2010, more than 400 optical disks with national trademarks were transferred free of charge to different higher education institutions in the Russian Federation.
(iii) Publications relating to various prosecution procedures and trademark information sources available to users, for example books, brochures, Internet publications, etc.
National patent gazettes and gazettes from foreign countries and international organizations, both in the form of special gazettes and general industrial property gazettes with sections devoted to trademarks form part of the international exchange or also data are downloaded from Office sites.
The Internet publications of the VPTB Division are found on the FIPS site in the State Patent Collection and VPTB Information Products sections:
http://www1.fips.ru/wps/wcm/connect_content_ru/ru/fonds/.
On the Rospatent site, in the Rospatent and Regions section, the following Internet publications are available:
• method-related materials and reviews of protection and enforcement of results of intellectual activities for the benefit of small and medium-sized enterprises:
http://www1.fips.ru/wps/wcm/connect_content_ru/ru/regions/mp;
• recommendations on a list of essential method-related, legal and patent literature and documentation for the provision of documents for patent subdivisions and services of the State Science and Education sector and organizations forming the national nanotechnology network;
http://www.rupto/ru/rosp_reg/sod/Pat_podrazd_i_sluzhbam/links/Rekomendacii/Rekomendacii.html.
In the Normative Documents section method-related recommendations appear on various examination and prosecution issues:
• Recommendations for the implementation of provisions of the Civil Code of the Russian Federation, relating to a patent owner’s consent to registration of a similar trademark, approved by Rospatent Decree No. 190 of December 30, 2009;
http://www.rupto.ru/norm_doc/sod/metod_rek/rec_gk4.pdf;
• Method-related recommendations on determining the similarity of goods and services when examining applications for the State registration of trademarks and service marks, approved by Rospatent Decree No. 198 of December 31, 2009:
http://www.rupto/ru/norm_doc/sod/metod_rek/met_rec_tm.pdf;
• Recommendations on individual matters concerning examination of designations representing labels and polygraphic packaging, approved by Rospatent Decree No. 170 of November 30, 2009:
http://www.rupto.ru/norm_doc/sod/metod_rek/rec_poligraf.pdf;
• Method-related recommendations on verification of claimed designations for identity and similarity, approved by Rospatent Decree No. 197 of December 31, 2009 :
http://www.rupto.ru/norm_doc/sod/metod_rek/metod_rec_tojd.pdf.
In the Information Resources section information is presented on registrations with an indication of the legal status or state of prosecution of applications:
http://www1.fips.ru/wps/wcm/connect_content_ru/ru/inform_resources/;
• Open registers: http://www1.fips.ru/wps/portal/Registers.
Training courses for national and foreign participants
During 2010, officials of the Trademarks and Registrations Division took part in the work of a number of seminars and conferences held on Russian territory (including those organized and/or held with WIPO’s support) and gave reports on trademarks. Division officials also represented Rospatent at the annual 132nd Conference of the International Trademark Association (INTA) in Boston, United States of America, and gave papers on the system of legal protection for trademarks in Russia, i.e. “Use of Madrid System in the Russian Federation”.
The modern possibilities offered by automated information technologies, accessible to all categories of users, placed before information centers throughout the world new tasks – not simply to provide a user with primary initial information, but beforehand to carry out particular comprehensive processing of this information and, consequently, to provide a more “intellectual” service for users.
This idea was discussed not for the first time at the annually organized international PATLIB conference, and has already been implemented in practice in the majority of sufficiently large information centers that possess patent collections.
Since 2008, representatives of FIPS VPTB have participated in the work of PATLIB and have synchronized their capabilities to provide “intellectual services” for different categories of users with experience from foreign colleagues.
On November 30 and December 1, 2010, at Rospatent headquarters an interregional WIPO Symposium was held on the problems of access to patent information and strategy for its use in order to promote innovations, at which issues relating to “intellectual services” were the subject of significant attention. Officials from Rospatent and FIPS participated in the organization and work of that forum.
Assistance to developing countries (sending consultants and experts, receiving trainees from developing countries, etc.)
Rospatent does not have any special assistance programs for developing countries. Assistance is provided according to individual requests from the Offices of such countries.