Annual Technical Report on Trademark Information Activities in 2014 submitted by IP Australia
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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
Outline of main policies and plans aimed at development of trademark information activities and expected time frames for their realization
IP Government Open Data - On 7 October IP Australia launched the Intellectual Property Government Open Data (IPGOD) on www.data.gov.au. This data provides a comprehensive, flexible and reliable data set back to the early 1900s and includes all inventions, brands, designs and plant breeder's rights filed in Australia up to 31 December 2013, providing more than 350 million data points, matching IP rights to firm ABNs.
New projects launched or resumed this year in the context of the policies and plans mentioned above, short description: aims, partners, tasks
Main areas of trademark information activities and related information and communication technology (ICT) practices which were in the focus of attention last year
The RIO programme is a body of work currently being undertaken by IP Australia in an effort to build a system to manage workflow and IP right cases based on user centred design methodology. The RIO programme will see IPA harmonise its IP Rights through process reengineering, simplification of technology and processes and legislative requirements.
IP Australia is updating the outgoing correspondence systems and format for trade marks-related correspondence. The correspondence has been redesigned and is gradually being transitioned from paper to electronic channels. This means that customers who are registered with IP Australia will be able to receive their correspondence electronically, giving them fast and flexible access to notices and reports regarding their trade mark/s.
Backcapture of trade marks paper case files occurred during 2014. This involved scanning a large number of paper case files in order populate the trade marks electronic document management system with documents from the oldest trade mark case files. All live trade mark examination and application documents can now be accessed electronically from within the office, with the goal to eventually allow an application dossier in electronic form available to the public.
Statistics: changes in terms of application filings and registrations with respect to previous year; trends or areas experiencing rapid changes
Changes experienced in terms of application filings and registrations with respect to the previous year
(Please Note: AU provides for multi-class filings. Figures below are in classes)
Total TM Classes Filed
2013: 114,088
2014: 115,612
Percentage difference: TM applications increased by 1.3%
Madrid Applications Filed
2013: 24,830
2014: 23,552
Percentage difference: Madrid applications decreased by 5.1%
Total Registrations
2013: 87,626
2014: 79,336
Percentage difference: Registrations in classes decreased by 9.5%
Other matters and useful links (URLs): annual report of the Office, news page, statistics, etc.
Statistics
http://www.ipaustralia.gov.au/about-us/what-we-do/ip-statistics/
Annual Report
http://www.industry.gov.au/AboutUs/CorporatePublications/AnnualReports/Pages/default.aspx
(Refer part B for information on IP Australia)
Latest news
Latest news is featured on the home page of IP Australia's website:
http://www.ipaustralia.gov.au/
Trade Marks Search System
http://pericles.ipaustralia.gov.au/atmoss/falcon.application_start
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
Planning, administration, automation, security
IP Australia’s Contact Centre provides a central contact for customers to obtain information about a wide range of Intellectual Property issues. Customers contact the Call Centre via telephone, and online enquiry form with around 95% of matters of a general nature solved at the first point of contact.
Increasingly, IP Australia is using its web site as a means of providing an alternative means of public access to these services, such as electronic filing (currently approximately 94% of trade mark applications are filed online), registrations, renewals and trade mark searching via ATMOSS.
IP Australia is currently implementing a system to support business-to-business data exchange of patents, industrial designs and trade marks transactions with its high volume clients (Patents and Trade Mark Attorneys). This system will be consistent with WIPO electronic filing and National e-commerce standards.
URLs of web pages of the Office's website for electronic filing of trademark applications
Filing:
http://www.ipaustralia.gov.au/get-the-right-ip/eservices/
and
http://www.ipaustralia.gov.au/get-the-right-ip/eservices/
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.
Forms & Publications:
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/trade-mark-forms/
and
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/trade-mark-publications/
Exam & Registration procedures:
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
The application process for trade marks:
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/apply-for-a-trade-mark/
Applying for International trade marks:
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/international-trade-marks/
Trade mark searching
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/search-for-a-trade-mark/
Availability of the application dossier in electronic form
As at 2014 IP Australia does not provide the application dossier in an electronic form.
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
Australia classifies goods and services according to the Nice Classification. Australia implemented the 10th Edition of Nice on 1 January 2012, with all applications filed on or after that date being classified according to the 10th Edition. No reclassification of applications/registrations filed prior to 1 January 2012 was undertaken.
Australia does not use the Vienna Classification scheme to classify the figurative elements of marks. Rather, figurative elements are classified (and searched) according to a glossary of device terms developed by the Office. For example, the WIPO device is indexed as follows:
1 ANNULUS 2 CONCENTRIC
3 HAND 4 PEN
5 BOOK,OPEN 6 GRAIN,EAR
7 VIOLIN 8 WHEEL,GEAR
9 MUSICAL-INSTRUMENT
10 CIRCLE+
11 ROUND 12 ROUND+
Each device term may then be used as a search criteria, either singularly or in combination, in order to locate marks with similar device characteristics.
Use of electronic classification systems and pre-defined terms of the classification applied
Applicants are not obliged to use pre-defined classification terms. Checking of goods or services statements is performed manually where the statement is furnished by the applicant.
An on-line application form (e-form) allows selection of goods/services relating to a Trade Mark via a set of pre-defined classification terms (Pick-list). About 45% of electronic filers use the Pick-list functionality. Goods and services statements provided via the Pick-list functionality require no manual checking.
The terms in the Pick-list are also those which form the basis of the Goods and Services help within ATMOSS, the Trade Marks Office searchable database.
Obligation for applicants to use pre-defined terms of the classification applied
There is no obligation for applicants to use pre-defined terms. As mentioned above, the Trade Mark e-form gives applicants the choice to use a pre-defined set of terms (Pick-list) at reduced cost or alternatively to specify their own goods/services.
Matters concerning processing of different types of non-traditional marks (e.g., three-dimensional, motion, hologram, color mark, etc.)
Other activities
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)
Official Gazettes: main types of announcements, frequency of publication, medium (on paper, on CDs, online, URL), etc.
Information products (coverage, medium, etc.) available to examiners, including external documentation and databases
Information products (coverage, medium, etc.) and services available to external users; conditions of access (e.g., free of charge, subscription, etc.)
Legal status information (kind of information, coverage, medium, etc.)
Other sources
IV. ICT SUPPORT TO SERVICES AND ACTIVITIES RELATED TO TRADEMARK INFORMATION CARRIED OUT BY THE OFFICE
Specific software tools supporting business procedures within the Office: general description, characteristics, advantages, possible improvements
Hardware used to supporting business processes of the Office
Internal databases: coverage, updates, interlinks with external sources
Establishment and maintenance of electronic search file: file building, updating, storage, documents from other offices included in the search file
Administrative management electronic systems (register, legal status, statistics, and administrative support)
Other matters
V. PROMOTION ACTIVITIES AIMED TO SUPPORT USERS IN ACCESS AND EFFICIENT USE OF TRADEMARK INFORMATION
Office's library (if deals with trademark information): equipment, collection management, network of libraries in the country, cooperation with foreign libraries
Publications related to different business procedures and trademark information sources available to users, for example, books, brochures, Internet publications, etc.
Cooperation with universities, technology and innovation support centers, etc.
Education and training: training courses, e-learning modules (URLs), seminars, exhibitions, etc.
Other activities
VI. INTERNATIONAL COOPERATION ACTIVITIES IN THE FIELD OF TRADEMARK INFORMATION
International exchange of trademark information in machine-readable form (e.g., Official Gazettes)
Participation in international or regional activities and projects related to trademark information
Assistance to developing countries
Other activities