Annual Technical Report 2002 on Trademark Information Activities submitted by United Kingdom (SCIT/ATR/TM/2002/GB)
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I. Evolution of registration activities
Changes experienced in terms of application filings and registrations with respect to the previous year
National Applications
2001 Applications: 26,762 Classes: 33,187
2002 Applications: 27,236 Classes: 32,186
An increase of 2% over 2001.
International designations
2001 9,911 Classes: 16,003
2002 8,771 Classes: 12,496
A decrease of 11%.
Trends or areas experiencing rapid changes with respect to the previous year
Combining national and international applications shows no significant change in activity. However, international designations alone have decreased significantly (but there are signs of some recovery in 2003).
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
Publishing, printing, copying techniques
The UK Trade Marks Journal (TMJ) is published weekly in electronic form. The TMJ is edited on a desk top publishing system comprising QuickSilver software which is currently running on Network connected PCs. The majority of data contained in the TMJ is transferred automatically from the OPTICS mainframe system which contains bibliographic data of all pending and registered domestic trade marks. OPTICS also generates a picking list of domestic figurative marks which are obtained from the IBIS image database.
Designations received under the Madrid Protocol are also published for opposition. This data is obtained from a separate system specifically designed for handling International Registrations called TMAD.
The electronic TMJ is searchable by image, class, proprietor and agent. A downloadable printed list in PDF format is available and the Journal is also be available on a CD.
Main types of announcements of the Office in the field of trademark information
The following announcements are published relating to individual trade marks in the Trade Marks Journal:
Trade marks accepted and published for opposition
Trade marks amended after publication
Trade marks published but not proceeding
Errata
Trade marks entered on the register
Trade mark registrations renewed
Trade mark registrations expired
Trade Marks expired and removed from the register
Trade marks restored to record
Mergers of trade marks
Divisions of Trade Marks
Names and addresses altered in the register
Amendment of a registration
Rectification
Revocation
Address for service altered
Cancellation and partial cancellation
Assignments
Licences entered on the register
Licences cancelled
Licences amended
Licensees names altered on the register
Security interests noted on the register.
In addition, notices which communicate with customers on matters of trade mark practice, office procedures, public holidays, contact details of middle and senior managers and general enquiry points are published on the Internet.
Word processing and office automation
All staff in the UK Designs Registry are equipped with networked Pentium 4 PCs which are connected to a local area network running IntraNetWare 6.5. Standard office automation products available to all staff include Microsoft Office products such as Word and Novell GroupWise for e-mail.
An object orientated system is available for generating examination reports. This uses DAIS, a CORBA compliant object request broker, to manage the acquisition of bibliographic data from the OPTICS mainframe and the image data and its inclusion in a WordPerfect report. This system is known as TERN. The image database IBIS is based on Documentum but is customised to our own requirements. The IBIS system allows for viewing of bibliographic information in addition to figurative details.
The Patent Office runs its own internal and external Web pages powered by Sun UNIX systems. Access to the Trade Mark information on the OPTICS Mainframe system has been provided using a product called Casablanca. All Trade Marks staff have access via their desktop.
Techniques used for the generation of trademark information (printing, recording, photocomposing, etc.)
The main channels for the distribution of trade mark information are:
a) Through the Trade Mark Journal as already detailed;
b) Through the Internet;
c) Through the supply of data to commercial information providers on a contractual basis.
The following types of information are provided:
a) A Full extract of UK Trade Marks held on the OPTICS computer system
b) Image data supplied for the figurative marks held on the IBIS system
c) A full extract of the UK designations made under the Madrid Protocol
d Weekly updates of changes to marks on these systems.
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 UK uses the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) 8th Edition. Applicants are not obliged to use pre-defined terms but any terms which are not understood or which are unclear will be queried during the examination process. A searchable electronic version of the UK classification listing all the acceptable goods and services terms is available to examiners. This guide is also available via the Internet.
For figurative marks the UK uses a version of the Vienna Classification system. This is consistent with the full version of the system but for some figurative marks the UK does not go below the second level, and for others a number of entries have been amalgamated.
The classification of figurative marks is undertaken by office staff at the time the mark is scanned into the IBIS image system. The classification can be amended subsequently if necessary.
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
No electronic classification systems are used to check the classification symbols provided by the applicant. A searchable database of enhanced acceptable classification terms is available via our website.
Obligation for applicants to use pre-defined terms of the classification applied
There is no obligation for applicants to use pre-defined classification terms. A dedicated classification advice service is available by e-mail or telephone.
Bibliographic data and processing for search purposes
The office has two systems for word searching. Our principle word search system is the Marksman system used under licence from the Swedish Patent Office. We also use our internal OPTICS system.
Figurative marks are searched using the IBIS system by Vienna keys and class.
IV. Trademark manual search file establishment and upkeep
No manual search files are kept.
File Building
Paper files of trade mark registrations are kept in a storage facility. Paper application files are kept in examination areas until a mark reaches the publication stage.
Documentation from other offices maintained and/or considered part of the available search file
Our internal search consider UK domestic marks, designations to the UK through the Madrid Protocol and Community Trade Marks.
V. Activities in the field of computerized trademark search systems
In-house systems (online/offline)
Word searches within the UK Trade Mark Registry for domestic applications or designations received under the Madrid Protocol use either the Marksman search system or the OPTICS system. The IBIS system is used for searching figurative marks for domestic applications, designations under the Protocol and search requests from OHIM. Word serarch requests received from OHIM are completed using the Marksman system.
The OPTICS system holds bibliographic data on UK domestic case only but the search files hold details of domestic cases, designations and CTM cases notified by OHIM.
External databases
No external databases are used as part of the search process. Examiners have access to the Internet and specialist on-line reference material such as dictionaries and DIALOG to aid decision making under absolute grounds.
Administrative management systems (e.g., register, legal status, statistics, administrative support, etc.)
The OPTICS system is the principle system for the management of our domestic applications, holding, in addition to the bibliographic details of marks, a record of all forms filed on a case together with an indication of whether or not they have actions outstanding. Designations received under the Madrid Protocol are held and managed on the TMAD system. Details of all Community Trade Marks are held on the OHIM system
Statistics and other management information is produced from the OPTICS, TERN and TMAD systems.
VI. Administration of trademark 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)
Applications may be filed by post, in person or by fax. Electronic filing is available to applicants who file on a regular basis. Applications can be filed by direct XML or using the PaTrAS software developed jointly by the Patent and Trade Mark Offices of Denmark, Germany, Sweden, Switzerland and the UK as part of the MIPEX II project.
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)
The UK Patent Office website contains downloadable copies of all our forms along with instructions for completion and details of any fees payable. Copies of legal decisions, relevant legislation and copies of our reference material such as guides for examiners are also available. A range of searches are available via the web site including a text search. Listings of all marks refused are also available.
Information relating to trade marks is available through a UK wide system of Patent Information Libraries and printed information is made freely available on request. Our Central Enquiry Unit offers advice via a telephone call “Lo Call” number.
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
The UK national Trade Mark Journal is available via the office web site www.patent.gov.uk. No paper copies are distributed.
VIII. Matters concerning education and training including technical assistance to developing countries
Promotional activities (seminars, exhibitions, visits, advertising, etc.)
UK representatives attend a number of international events including INTA and the office brokers a British Day at OHIM.
Training courses for national and foreign participants
The UK Patent Office offers a number of seminars, workshops and events covering all aspects of Intellectual Property. Special events are arranged when changes in practice occur or new legislation is to be introduced. These events are held in various locations throughout the UK to allow increased participation by those using our services.
Assistance to developing countries (sending consultants and experts, receiving trainees from developing countries, etc.)
The UK Patent Office continues to host visits from overseas national offices and IP professionals. We are also involved in project visits to foreign offices and frequently attend international conferences.