Annual Technical Report on Trademark Information Activities in 2014 submitted by JAPAN
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.
1. GENERAL OVERVIEW OF RECENT DEVELOPMENTS IN TRADEMARK INFORMATION ACTIVITIES CARRIED OUT BY THE OFFICE
(1) Outline of main policies and plans aimed at development of trademark information activities and expected time frames for their realization
In February 2014, at the Intellectual Property Committee,, Industrial Structure Council, the following actions were proposed as subjects for which specific measures should be taken regarding trademarks information activities.
- Realization of the world’s utmost quality service to provide information on intellectual property rights
The JPO will renovate the Industrial Property Digital Library (IPDL) to convert it into a new information infrastructure aimed at providing the world’s utmost quality service better than similar services provided by the WIPO or the OHIM keeping in mind the share of roles between the private and public sectors. Specifically, the JPO will undertake the following initiatives.
(i) Enhancing the service to provide bulk information on intellectual property rights
The JPO will efficiently provide bulk information owned by it through the Internet from the viewpoint of creating a better environment where this service is provided by private information providers. Moreover, the JPO will actively make its own data available unless there is any specific problem.
(ii) Realizing a new Internet search/inquiry service
The government has the responsibility for providing the wide general public including business operators and universities with information in a prompt manner. A new Internet search/inquiry service provides basic information on national and international intellectual property rights which is publicized in gazettes, etc. together with other standard functions taking into account the statusof information provision of other Offices, in order to promote the dissemination of information to individuals and SMEs that have any difficulty in accessing such information particularly in terms of costs.
In addition, the JPO will strive to speed up information provision and improve user interface based on the function of linking different services in the process of realizing this service. The JPO will look for a possibility of this new services provided by other Offices and cooperating with research institutes for the purpose of introducing this new service as early and prompt efficient as possible.
(2) New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks
In order to achieve 1.(1) “Realization of the world’s utmost quality service to provide information on intellectual property rights,” the JPO renovated the “Industrial Property Digital Library (IPDL)” that had provided industrial property right information via the Internet without any charges since March 1999 and started providing the “Japan Platform for Patent Information (J-PlatPat)” in March 2015, a new service to provide industrial property right information, to meet advancing and diversifying user needs. The J-PlatPat has user-friendly interface and provides industrial property right information search/retrieve services. In addition, it enables commercial providers in Japan to download the JPO-owned data in bulk. For more information about this, see 3.(4)(a-2).
(3) Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year
Nothing in particular.
(4) Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes
In 2014, the number of applications was 124,442 (up 5.8% from the previous year).
Among them, the number of international trademark applications[1] in 2014 was 12,672 (down 7.5% from the previous year).
The number of trademark registrations in 2014 was 99,896 (down 3.4% from the previous year).
[1] These applications refer to international applications filed based on the Madrid Protocol which designate the Japan Patent Office. Refer to Article 68-9 of the Trademark Act.
(5) Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
(Annual Report in Japanese) http://www.jpo.go.jp/shiryou/toukei/gyosenenji/index.html
(Annual Report in English)https://www.jpo.go.jp/english/reference_room/annual/index.html
(Status Report in Japanese and English)http://www.jpo.go.jp/english/reference_room/statusreport/index.html
2. SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
(1) Information and support provided by the Office to applicants regarding filing on paper and/or e-filing (instructions, seminars, etc.) - URLs
a) Paper-based application
The INPIT provides the free consultation service on the procedures for industrial property rights at the Consultation Department on the second floor of the JPO office building. Moreover, the on-line consultation service on IP-related questions is available on a 24-hour basis at http://faq.inpit.go.jp/.
b) Electronic application
The e-filing software allows users to conduct administrative procedures such as the filing of applications for patents, utility models, industrial designs and trademarks, appealing for trials and payment of the annual fees, and receipt of documents dispatched from the JPO, on-line. The software may be downloaded for free at: http://www.inpit.go.jp/pcinfo/index.html.
(2) Availability of the application dossier in electronic form
a) On-line reference
The software for electronic application allows users to request or refer to application documents and registers from computers from their home or office, and to make a request for issuing certifications on-line.
(3) 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
a) Nice Classification
The JPO adopted the 6th edition of the Nice Classification in April 1992, the 7th Edition of the Nice Classification on January 1, 1997, the 8th Edition on January 1, 2002, the 9th Edition on January 1, 2007, and the 10th Edition on January 1, 2012. Currently, the JPO adopts the new additional edition 10-2015 (NCL (10-2015)) of the 10th edition which came into effect on January 1, 2015.
b) Vienna Classification
The JPO had adopted its own figure classification as a classification of figurative element of mark, and then has started examining trademark applications based on the Vienna Classification since April 2004.
Specifically, the JPO created a subdivided original Vienna Classification based on the actual situation in Japan, and has utilized it as search keys of Figure trademark search system.
(4) Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
Since April 1, 2015, the JPO has accepted trademark applications of Sound marks, Color marks, Position marks, Motion marks and Hologram marks. To apply these Non-traditonal marks, applicants have to describe the type of trademark in application forms. In addition, applicants have to describe “detailed description of the trademarks” in applications forms to specify trademarks] (this is optional for “Sound marks.”)
When filing applications of Sound marks, applicants have to submit sound files in MP3 format (under 5MB).
(5) Other activities
Nothing in particular
3. SOURCES OF TRADEMARK INFORMATION PROVIDED BY THE OFFICE
(1) Main types of publications in the field of trademark information, outline of the content and medium (on paper, on CDs, online - URLs)
1) Main types and media of publications
The Japan Patent Office (hereinafter referred to as the “JPO”) publish the following trademark documents in 2015.
- Published Registered Trademarks: Internet
- Published Reclassification on Registered Trademarks: Internet
- Published Unexamined Trademark Applications: Internet
- Published International Trademark Applications: Internet
- Published Registered International Trademarks: Internet
- Decision on Appeal/Trial in Trademark: Internet
The following is the URL of publications provided through the Internet.
URL: https://www.publication.jpo.go.jp/ik_pub/index.action?lang=en_US
2) Outline of published gazettes
Since January 2000, the JPO has been accepting on-line trademark applications (electronic applications). The JPO electronically edits the collected data acquired from electronic applications or electronic conversion of paper-based applications and compiles them and publishes the Trademark Gazettes.
The Trademark Gazette contains mixed-mode type data, composed of text data and image data, thus text search using only text data is available.
a) Published Unexamined / International Trademark Applications:
Published Unexamined / International Trademark Applications in the form of CD-ROMs were issued by the JPO between February 2000 and December 2009. Starting from January 2010, they have been issued on a weekly basis on the “Official Publication via the Internet” website, thereby making it possible to download the publication free of charge at any time, 24 hours a day and 365 days a year.
A single-volume of Published Unexamined / International Trademark contains a total of about 2,650 issues and they were issued 50 times in 2014.
Published Unexamined Trademark Applications enables a search using 8 items as search keys, including application number, goods and/or service classification and designated goods and/or services. Published International Trademark Applications enables a search using 7 items as search keys, including international registration number, Vienna classification, and priority number. Published Registered International Trademarks enables a search using 14 items as search keys, including international registration number, classification of goods and/or services, translation of classification of goods and/or services and classification of similar-group.
b) Published Registered Trademarks and Reclassification on Registered Trademarks:
Following the Trademark Law revision in 1996, a scheme was introduced to reclassify and re-register designated goods of trademarks registered before March 31, 1992 in accordance with the goods and services classification in force at the time of the submission of a reclassification registration application.
Published Registered Trademarks and Reclassification on Registered Trademarks in the form of CD-ROMs were issued by the JPO between January 2000 and December 2009. Starting from January 2010, they have been issued on a weekly basis on the “Official Publication via the Internet” website, thereby making it possible to download the publication free of charge at any time, 24 hours a day and 365 days a year.
A single-volume Published Registered Trademarks and Reclassification on Registered Trademarks contains a total of about 1,750 issues and they were issued 50 times in 2014.
Published Registered Trademarks enables a search using 16 items as search keys, including registration number, goods and/or services classification, designated goods and/or services, and appeal/trial number. Published Reclassification on Registered Trademarks enables a search using 13 items as search keys, including goods classification before reclassification, designated goods before reclassification, goods classification after reclassification, and designated goods after reclassification.
The JPO has been providing viewer software free of charge for viewing the Published Unexamined/International Trademark Applications and Published Registered Trademark and Reclassification on Registered Trademark. The software is also operable on Windows English version so that it can be used in overseas Patent Offices.
(2) Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.
Nothing in particular
(3) Information products (coverage, medium, etc.) available to examiners, including external documentation and databases
Concerning the following points, the examiners of the JPO use the external databases for searches.
a) Article information about on general newspapers, industrial journals and specialty magazines.
b) Information on foreign applications and foreign registrations
(4) Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)
a) Providing industrial property (IP) rights information via the Internet
a-1) Providing official gazettes via the Internet
Refer to 3.(1)
a-2) Japan Platform for Patent Information(J-PlatPat)
The JPO has been providing the Industrial Property Digital Library (IPDL) service since March 1999. This service is accessible through the Internet and covers 98 million items of IP information by using document numbers and classifications as search keys. This service was transferred to the National Center for Industrial Property Information and Training (the “INPIT”) as of October 2004, and has been operated there since.
In order to meet advancing and diversifying user needs for industrial property right information, the JPO renovated the “Industrial Property Digital Library (IPDL)” and started providing the “Japan Platform for Patent Information (J-PlatPat)” in March 2015, a new service to provide industrial property right information via user-friendly interface. The J-PlatPat currently stores about 100.3 million cases of industrial property right information.
(Japanese) https://www.j-platpat.inpit.go.jp/web/all/top/BTmTopPage
(English) https://www.j-platpat.inpit.go.jp/web/all/top/BTmTopEnglishPage
The main services relating to trademark information provided by the INPIT are as follows:
(1) Simplified Search（trademarks）
This search method is for beginners who are not familiar with IP information. Simplified search input box located on the top page of the J-PlatPat, a common user interface for four IP types, can be used to search by using key words.
Trademarks can be searched by key words such as “trademark,” “term (reading),” “applicant / reclassification applicant / owner of a trademark right / holder.”
(2）Trademark number search
Entering document numbers enables access to trademark gazettes published in 1964 and thereafter. The downloading and printing of each document from the publications was made possible in May 2011.
(3) Trademark application/registration information
It is possible to search bibliographic data/status information/trademarks, etc. in line with pending trademarks and registered trademarks by search keys based on text trademark or document number, date and applicant’s name. The English version of this service is also provided. The retrieval service by simple string of term (reading) in text trademarks has started since October 2009. The English version of the system was changed in May 2011 to enable the display of trademark images in standard Japanese characters. In addition, the function of displaying “trademarks including Japanese words,” “designated goods and services,” “names of applicants and right holders,” and “addresses or residences” in Japanese was added to the English version in March 2013.
In order to deal with new types of trademarks, a function to narrow the search to “types of trademarks” was added in April 2015.
(4) Phonetic retrieval
It is possible to retrieve bibliographic data/status information, etc. in line with trademarks including pending characters and registered characters by term (reading) of trademark. OR search of terms has been made possible by increasing the number of entry fields of terms to two since October 2009.
(5) Figure trademark search
It is possible to retrieve bibliographic data/status information, etc. in line with pending figure trademarks and registered figure trademarks by the segmentalized Vienna classification. The English version of this service is also provided. OR search of the Vienna figure classification has been made possible by increasing the number of entry fields of the Vienna figure classification to three since March 2010. In addition, the display of “trademarks including Japanese words,” “designated goods and services,” “names of applicants and right holders,” and “addresses or residences” in Japanese was added to the English version in March 2013.Specific to Japan, search for new types of trademarks has been made possible by using non working number of the Vienna figure classification.
(6) List of Vienna Classification of Figure
Starting from March 2004, the Subsection Table of the Vienna Classification of Figurative Elements of Marks (the 2nd edition prepared in accordance with the fifth edition of the Vienna Classification) can be referred to. The English version of this service is available.
(7) List of Goods and services
Goods and services, classification, designated goods and/or services, similar group codes, etc. based on the 9th and 10-2014th edition and 10-2015th edition of the Nice Classification can be searched and referenced. The English version is also provided.
(8) International Classification of Goods and Services
International Classification of Goods and Services on the Nice Agreement (9th edition, 10-2013th edition, 10-2014th edition and 10-2015th edition) together with similar-group codes can be referred to.
(9) Japanese well-known/famous trademark retrieval
It is possible to retrieve trademarks registered as a defensive mark and registered trademarks accredited as a well-known/famous trademark in a decision on opposition, an appeal/trial decisions or court decisions. The English version is also provided.
(10) Unregistrable trademark search
Unregistrable trademarks can be searched by using the item (reading).
In addition, the published appeal and trial decisions from 1940 onwards, and as related information, the legal status information (for applications filed from 1990 onwards) on applications, registrations and appeal and trial decisions can be referenced.
a) Providing JPO data
In March 1999, the JPO began providing bibliographical and status information of the JPO to external users by organizing and converting it into a standardized format with better usability. Furthermore, the service was transferred to the INPIT in October 2004, and the service is currently being provided to the external users once every two weeks.
b) Reference to trademark gazettes, etc.
INPIT has 42 access devices which are available in the Public gazettes reading room on the second floor of the JPO office building. This allows free public access to the IPDL Service, gazettes on CD-ROM/DVD-ROM, etc.
c) Reference to examination and trial documents
The INPIT is collecting various technical documents (books, etc.), which are used in the examinations and trials by the JPO, widely from inside and outside of Japan and making them available to the public.
(5) Legal status information (kind of information, coverage, medium, etc.)
Legal status information of applications filed in January 1990 onwards can be searched on the Japan Platform for Patent Information (J-PlatPat)by using document numbers such as filing numbers, publication numbers and registration numbers. In addition, applications filed in 1989 and before can be searched if any data (e.g. publication of Gazettes, registration to establishment rights, requests for trials/appeals) was renewed in April 1998 onwards.
However, this service is available only on the Japanese J-PlatPat.
(6) Other sources
Nothing in particular
4. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
(1) Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements
A paperless trademark system has been available since January 2000. Administrative work and examination processing systems based on electronic data was constructed, and all work including filing, formality and substantive examination, sending, registration, gazette issuing, viewing, and certification request are processed electronically. Thus a remarkable improvement has been achieved in terms of operational efficiency, substantiating application and case management and so forth.
Furthermore, with the implementation of the real-time trademark search function, and a trademark examination scheme that actively takes advantage of data in electric form, resulting in the downsizing of the trademark search system, cost efficiency has been also improved. Of all the trademark applications filed in 2014, 84.5% was via online. On the other hand, on joining the Madrid Agreement and the Protocol, a Madrid Protocol system was developed, and put into operation in March 2000.
For international registration application (an application filed at member states) and for international trademark registration application (an application requesting the protection that specifies Japan as one of the member states or as an added member state after filing the original application), the Madrid protocol system performs information management, such as various notifications, ad interim documents and decisions, as well as time and progress management. Moreover, the registration for international trademark registration application is controlled using the electronic register, thus the registration can be referred to online. An examination system for the examination of international trademark registration application was constructed, and an electronic transmission system to the International Bureau was introduced in April 2005.
Please note that the JPO’s system is a comprehensive system and that the administrative work processing and trademark search system is a part of this comprehensive system. Thus for the overall system, please refer to the “Annual Technical Report on Patent Information Activities.”
(2) Hardware used to supporting business processes of the Office
Please refer to the “Annual Technical Report on Patent Information Activities.”
(3) Internal databases: coverage, updates, interlinks with external sources
a) On-line trademark search system
The JPO has been electronically storing trademark applications and examination-related documents for trademark examination. At the end of April 2015, trademark-related data for about 4,942,000 documents had been accumulated.
Trademark search system comprises of phonetic search, character string search, well-known / famous trademarks search and Classified telephone directory search.
The phonetic search performs a similar trademark search by the use of sound (calling: katakana) generated from trademark and similarity group codes (which represent scope between the goods and/or services that are estimated to be identical or have a similarity between each other), as search keys.
The character string search using character strings composing a trademark began in 2000. With this system, a “trademark for search (text)” is automatically produced from a “trademark for indication (text)” which represents the mode of trademark for search to enable string search (prefix search, substring search, suffix search) .
In order to protect well-known/famous trademark, a well-known/famous trademark database was constructed and the search system thereof was put into operation in March 2001.
b) Figurative trademark examination system
The figurative trademark examination system is to narrow down trademarks from figurative image data restored in trademark sample files by using search keys of a figure classification and similar group codes and to search figurative trademarks by high-speed screening.
Since April 2004, a figure classification used as search keys has shifted the search method from the one using a figure classification unique to Japan to the one using a figure classification which subdivides the Vienna Classification (version 5) based on the Vienna Agreement in line with the actual status of Japan.
c) Search System for Appeal/Trial and Court Decisions (J-term search system）
Appeal/trial and court decisions are accumulated in the form of electronic data with a search index, called “J-term,” and searching and screening for the appropriate appeal/trial and court decisions are conducted by using “J-term.”
In addition, a full-text search service is available for appeal/trial and court decisions issued after January 2000.
d）Check table search system for names of goods/services
With regard to the descriptions of designated goods and designated services, indications of goods and services adopted by the JPO in the past which were judged to be clear are accumulated in this system in addition to indications listed in the international classification tables and the Examination Guidelines for Similar Goods and Services. This database is used to check classifications of goods and services listed in filing documents and to present appropriate indications.
(4) Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file
Geographical indication lists exchanged with other Offices are accumulated in the system as examination materials and served for search.
(5) Administrative management electronic systems (register, legal status, statistics, and administrative support)
Refer to 4.(1)
(6) Other matters
Nothing in particular
5. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION
(1) Office's library (if deals with trademark information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries
a) Operation of the JPO Library, collection and management of materials
a-1) Operation of the JPO Library
The JPO Library, as a branch library of the National Diet Library, is located on the first basement of the JPO office building, and is operated in the following manner:
1. Users
- JPO staff and general users
2 Open
- 9:30 to 18:00
a-2) Collection of materials
The following are collected: Materials concerning IP right legislation and the peripheral laws inside and outside of Japan, related materials necessary for understanding IP rights, related materials necessary for study of IP rights, and reference materials for general administration.
a-3) Preservation methods of materials
The books are labeled and stored with a storage number and classification data, and the bibliographic information is inputted in the library system constructing a database for the books.
b) Interlibrary lending
Interlibrary lending of books etc. has been conducted among the National Diet Library and the branch libraries of each ministry and government offices.
Furthermore, the JPO is participating in the “Distributed Type Comprehensive Data System” which permits a batch data retrieval from the database of the books held by all the branch libraries by using the Kasumigaseki WAN (an inter ministry wide area network linking the LANs of each ministry and government offices (in-house Local Area Network)), which was constructed by the National Diet Library.
(2) Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.
a. Japan Platform for Patent Information (J-PlatPat)
The INPIT compiles an instruction manual for how to operate and utilize various search services provided by the J-PlatPat.
URL http://www.inpit.go.jp/j-platpat_info/reference/index.html
b. e-filing
Useful information on e-filing including how to fill out application forms and FAQs is provided at the “E-filing software support website.”
Refer to 3.(4) for information products available to external users.
(3) Cooperation with universities, technology and innovation support centers, etc.
Nothing in particular
(4) Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.
a) IPDL etc. training seminars
Training seminars of trademark search using Industrial Property Digital Library (IPDL) were held for beginners of industrial property right search from individuals and SMEs (8 times in 6 major cities nationwide in FY2014). The first sessions of the seminar were held on weekends in Osaka and on weekdays in other cities. Furthermore, along with the launch of the “Japan Platform for Patent Information (J-PlatPat)” replacing the IPDL on March 23, 2015, workshops on the PlatPat were held (a total of 15 times in 9 major cities throughout Japan). IPDL and J-PlatPat have been managed at the National Center for Industrial Property Information and Training (INPIT) since October 2004 (Trainings have been held since FY2006).
(5) Other activities
Nothing in particular
6. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION
(1) International exchange of trademark information in machine-readable form (e.g., Official Gazettes)
a) Sending Official Gazette on DVD-ROM to overseas
The JPO discontinued sending official gazettes on DVD-ROM overseas in March 2015.
In 2014, the JPO exchanged official gazettes, etc. with 59 organizations (including international organizations) in 54 nations, out of which it sent information on CD-ROM “Published Registered Trademarks and Reclassification on Registered Trademarks” and information on “Published Unexamined / International Trademark Applications” to 17 places among them.
(2) Participation in international or regional activities and projects related to trademark information
Based on an international cooperative framework, the JPO and the WIPO started the exchange of official gazettes including “Published Registered Trademarks” in November 2014 as far as international provision of the JPO’s electronic information is concerned.
(3) Assistance to developing countries
a) Activities/cooperation through voluntary contributions (Funds-in-Trust) for WIPO
(1) Training for government officials
A 2-week training related to computerization was provided in Japan under the cooperation with the WIPO. The JPO invited trainees from 21 countries.
http://www.training-jpo.go.jp/en/index.php/2852
(2) Capacity building for effective innovation support services with a focus on access to and utilization of technical database.
A regional seminar was held in Malaysia in December 2014 to provide ASEAN countries with a place to discuss a roadmap for implementation of innovation support services. In March 2015, a training seminar was held in Mongolia by the Technology & Innovation Support Center (TISC).
(3) Data capture project at the IPO Nigeria (in progress)
Trademark (Patent and design)-related bibliographic items are being data-captured at the IPO Nigeria.
(4) Digitization project at the Ethiopian Intellectual Property Office (in progress)
IP-related files are being digitized at the Ethiopian Intellectual Property Office to simplify the procedures for granting industrial property rights as well as to achieve efficient IP administration.
(5) Digitization project at the Organisation Africaine de la Propriété Intellectuelle (OAPI) (in progress)
Trademark (Patent and design)-related documents are being digitized at the OAPI to ease the burden of procedures for data entry of documents including applications as well as to improve its performance.
(6) Deployment of the IPAS Electronic Document Management System (EDMS) in selected Member States of ARIPO using the IPAS
The EDMS has been installed in four African countries with the aim of providing on-line services in the future, building up skills for the establishment of logical infrastructure for preserving and managing scanned images, capture & digitization of front pages, and developing capabilities of utilizing IPAS to provide on-line services.
b) Cooperation using other organizations for developing countries
Sending experts
As of March 2015, the JPO sends one long-term expert to the Directorate General of Intellectual Property (DGIP) and the National Office of Intellectual Property of Vietnam (NOIP), respectively, under the JICA scheme.
*For further information, visit the following JPO's website.
http://www.jpo.go.jp/torikumi_e/kokusai_e/ipcoop_asia-pacific_e13.htm
(4) Other activities
Nothing in particular
7. OTHER RELATED MATTERS
Nothing in particular