Annual Technical Report 2013 on Trademark Information Activities submitted by Czech Republic (CWS/ATR/TM/2013/CZ)
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. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes
1.4.1 Changes experienced in terms of application filings and grants with respect to the previous year
2013 Compared to 2012
National trademark applications 8 975 + 1 % (8 876)
– submitted by domestic applicants 8 302 + 1 % (8 205)
– submitted by foreign application 673 + 0 % (671)
International trademarks with designation of CZ according to Madrid Agreement and the Protocol 2 385 + 4 % (2 298)
– according to the Madrid Agreement * 0 in 2012
– according to Protocol * – 8 % (1 989)
– according to the Madrid Agreement
and to the Protocol * + 8 % (309)
National trademarks registered 6 227 – 6 % (6 648)
Grant of protection relating to international trademarks 2 210 – 3 % (2 136)
1.4.2 Trends or areas experiencing rapid changes with respect to the previous year
In 2013 the average registration procedure time period was 11,5 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.
Due to austerity measures launched by the Office and owing to steadily growing number of trademark applications during the years 2009 (7 892), 2010 (8 444), 2011(8 870), 2012 (8 876), 2013 (8 975) the average registration procedure time period has been slightly extended. In 2011, it was 9,7 months and this trend was maintained also in 2012. This coressponds to the higher number of pending applications. In 2010, there were on average 5 085 pending applications, in 2011 there were 5 955, in 2012 there were 6 377 and in 2013 there were 7 285 pending applications.
Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
1.5.1 Statistics
Since 2000 the Annual Reports and statistics have been available at the Office’s website:
http://www.upv.cz/en/publications/annual-report/annual-report.html
The Bulletin: http://www.upv.cz/en/publications/ipo-bulletin.html
1.5.2 The Office website
The helpdesk mailto: helpdesk@upv.cz
List of news and events
http://www.upv.cz/en/ipo/current-news/actual.html
Electronic filing of trademark applications:
http://www.upv.cz/en/client-services/on-line-filing.html
Element of proceedings:
http://isdv.upv.cz/portal/pls/portal/portlets.rejst.formular?lan=en
Legislation related to all IP rights
http://www.upv.cz/en/legislation.html
FAQ
http://www.upv.cz/en/information-sources/faq.html
Search service – trademark database (IPO, WIPO, OHIM) (basic search/advanced search):
http://www.upv.cz/en/client-services/online-databases/trade-mark-databases.html
Use of electronic classification systems to check the classification symbols classified by an applicant and contained in the lists of goods and/or services:
http://www.upv.cz/en/publications/classsification-systems/classification--trade-marks.html
II. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
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.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
Application documents and form are available at: http://www.upv.cz/en/client-services/forms.html
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
(ii) Use of electronic classification systems and pre-defined terms of the classification applied
Classifications systems:
http://www.upv.cz/en/publications/classsification-systems.html.html
Trademark classification system:
http://www.upv.cz/en/publications/classsification-systems/classification--trade-marks.html
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.
- 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 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, application and registration number, TM wording 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).
1.1.1 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://www.upv.cz/en/provided-services/information-services.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.
1.2.1 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.
1.2.2 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
1.2.3 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
1.2.4 Mass storage media and microforms used
Mass storage media used are hard discs, magnetic tapes for backup, and physical original in paper version.
1.2.5 Word processing and office automation
Trademarks are searchable in the public database. It provides a range of search options including 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, application and registration number, TM wording 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.) available to examiners, including external documentation and databases
The Office’s Examiners have an access to:
• Internal SyPP database – contains all pending as well as decided applications
• Internal database of trademark applications since 1859
• OHIM eSearch Plus and TMView tools
• Other external public databases:
http://upv.cz/en/client-services/online-databases/trade-mark-databases/foreign-database.html
Other sources
1.6.1 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.html
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 service 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.
Hardware used to supporting business processes of the Office
Workstations - HP, processor Intel Pentium 4, 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. Computers run WINDOWS XP OS are being replaced for that ones with WINDOWS Seven OS during 2014. MS OFFICE – 2003/2007/2010 software. The Office uses CD, DVD and magnetic tapes as data mediums.
Internal databases: coverage, updates, interlinks with external sources
1.3.1 In-house systems (online/offline)
The Office maintains an in-house search database of national applications and registered trademarks. The database is not accessible to the public but its structure corresponds to the public database.
1.3.2 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 both maintained by OHIM which provides access to the registered Community trademarks or national trademarks and the “ROMARIN” database (maintained by WIPO) which contains the international trademarks. The links to these databases are provided at the Office´s web site (http://www.upv.cz/en.html)
Last but not least is the commercial database Corsearch (Wolters Kluwer) which 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 manual search file has neither been maintained nor used. Since January 2014, 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 (IS SyPP2) to proceed the applications of patents, supplementary patent certificates, utility models, industrial designs, geographical indications and trademarks. The system is flexible and applicable enough to maintain the official registers of all the industrial property rights. The system 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 system is integrated with Document Management System (DMS) of the Office. 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 is transferred to the electronic Official Bulletin and to the public search database. Since November 2002, the system has been 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. Since January 2008, the system has been producing automatic electronic extracts from registers upon online request. Since 2011 has launched programming of a new version of IS SyPP which will be more flexible, based on Oracle Forms with easier maintaining and more flexible data structure. Since January 2014, new version of SYPP (SYPP 2) has been launched. Data is stored in xml format including the history, which means higher security. The system will be more user-friendly. The system will be connected with central registers of the Czech Republic (ISZR). The new IS SyPP is co-financed by the European fund for regional development within the EU project Enforcement of Industrial Property Rights.
Administrative management electronic systems (register, legal status, statistics, and administrative support)
1.5.1 Planning, administration, automation, security
Applications for trademarks registration 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 20 MB) to the Office. Wide range of other communications may be submitted electronically via user-friendly interface (an upload up to 200 MB).
Bibliographic details of applications are entered into SyPP 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
1.5.2 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.
1.5.3 Information services available to the public
The information centre and help desk operate during the working days. They provide the general information concerning the industrial property.
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 1.592 trademark search requests in 2013.
The Office provides full range of brochures and guides free of charge. They can be downloaded in PDF format from the Office´s web site, picked up 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.
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 public reading room equiped with PC workstation 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 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.
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.
1.4.1 The Office presented its information activities and products at the following exhibitions and trade fairs:
The Office presented its information activities, information and educational products at the following exhibitions and trade fairs:
• 55th International Engineering Fair (Brno, CZ)
• 12th International Trade Fair of Engineering Technologies FOR INDUSTRY 2013 (Prague, CZ)
• 18th International Interior and design Trade Fair TENDENCE 2013 (Prague, CZ)
• 21st International Trade Fair of Electrotechnics, Electronics, Automation, Communication, Lighting and Security Technologies AMPER 2013 (Prague, CZ)
• 1 st International Fair of Invention, new Ideas and Innovative products Fair INVENTO (Prague, CZ)
• Innovation 2013 (Prague, CZ)
• 41st International Exhibition of Inventions (Geneva, CH)
• 65th IENA - Exhibition of Inventions and Innovations (Nürnberg, DE)
1.4.2 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 course 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. Fourteen-day training for 5 to 6 participants is hosted by the Office every year.
Other activities
The IPO CZ has advances 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 has been added to 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. A popular instructional pamphlet for adults was at published at the same time. The IPO has also established cooperation with the RVP.CZ Methodological Portal, operated by the National Institute for Education to support of teachers. The result of the cooperation is a series of articles on intellectual property and examples of how to include it into various teaching objects. A meeting with teachers from elementary and secondary schools was organized on this topic, too.
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 toura 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
The IPO CZ held a regular two-week training course for 5 – 6 participants.
Other activities
The Industrial Property Office continued to fulfil 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.