Annual Technical Report 2008 on Trademark Information Activities submitted by Ukraine (SCIT/ATR/TM/2008/UA)
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
Statistical evolution concerning:
Applications filed (national route):
in 2007 – 23746, in 2008 – 22371, i.e. 5.8% less than the previous year.
Registered (national route):
in 2007 – 15375, in 2008 – 15357, almost equal to the last year’s figures.
Trends or areas experiencing rapid changes with respect to the previous year
During several last years, including 2008, none of the trends or areas experienced rapid changes. However, some areas and fields (presented by the classes of the Nice Classification) were clearly defined as stable leaders in application filing, in particular: Class 35 “Advertising; business management…” (2007 - 16.7%, 2008 – 18.6%); Class 41 “Education; providing of training…” (2007 – 6.0%, 2008 – 7.5%); Class 16 “Paper, cardboard and goods made from these materials…” (2007 – 5.0%, 2008 – 4.5%); Class 05 “Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes…” (2007 – 3.5%, 2008 – 4.1%); Class 42 “Scientific and technological services and research and design relating thereto…” (2007 – 4.4%, 2008 – 4.6%).
URLs of web pages of the Office’s website that provide statistics related to trademarks
http://www.sdip.gov.ua/en/plans_reports.html
http://www.ukrpatent.org/en/statistics.html
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
Main types of announcements of the Office in the field of trademark information
Information concerning marks for goods and services is published in the Official Bulletin “Industrial Property” (“Promyslova Vlasnist”), in the following sections of its Book 2: “Information about the Issue of Certificates of Ukraine for Marks for Goods and Services”, “Information about Well-Known Marks in Ukraine”, “Information about the Marks Registered According to the Madrid Agreement on the International Registration of Marks and/or the Protocol to the Madrid Agreement on the International Registration of Marks which were Granted Protection in Ukraine”, “Colour Representations of Marks for Goods and Services”, indexes to each section and “Notifications” section.
The Bulletin “Industrial Property” (“Promyslova Vlasnist”) is published both on paper and on optical discs with the same frequency – twice a month.
Besides, information about marks for goods and services is also available on the national CD-ROM “Marks for Goods and Services Registered in Ukraine”. In 2008 it was delivered to 27 organizations of Ukraine and to Rospatent (the Russian Patent Office) in the framework of international exchange.
A cumulative optical DVD “Marks for Goods and Services Registered in Ukraine” is also issued by the State Enterprise “Ukrainian Industrial Property Institute” (the Institute). It contains information about all the registrations of marks for goods and services recorded in Ukraine since January 1993 to the completion of the current registration.
The official web-portal of the State Department of Intellectual Property (the State Department) (http://www.sdip.gov.ua) and the web-site of the Institute (http://www.ukrpatent.org) contain a number of interactive databases (DB) and information and reference systems (IRS) on marks for goods and services:
- DBs: “Electronic Version of the Cumulative Official Bulletin “Industrial Property” (“Promyslova Vlasnist”); “Marks for Goods and Services Registered in Ukraine”; "Information about International Registration of Marks Legally Protected in Ukraine"; “Information about Well-Known Marks in Ukraine”, "Information about Marks for Goods and Services the Certificates for Which Have Lost Effect or Have Been Invalidated";
- IRSs: "Information about the Proceeding State of Applications for Marks for Goods and Services", “International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification). Ninth Edition. Second, amended, edition”, "International Classification of the Figurative Elements of Marks (The Vienna Classification). Sixth Edition".
Information concerning marks for goods and services is published in the following scope: bibliographic data, images of marks, indexes and notifications. Notifications contain information about the legal status of a mark, transfer of rights and license contracts, change of name, title and/or address.
Mass storage media and microforms used
Mass storage media for information about marks for goods and services in the Institute are the servers of electronic databases. To ensure safe storage of backup copies, a scaled highly productive data storage system NAS (Network Attached Storage) was created. Information is stored on disc RAID-arrays (Storage). Backup copies of data on DVDs and magnetic tapes are produced for long-term storage.
Word processing and office automation
The whole set of operations connected with text processing and automation of processing applications for marks for goods and services was carried out by the tools of the “Marks for Goods and Services” automated system (AS).
Techniques used for the generation of trademark information (printing, recording, photocomposing, etc.)
The information arrays for publication are formed by a specialized workstation at the Editorial Division of the Institute. The prepared layout of the publication is forwarded to the printing shop for replication.
Special software is used for preparation of the data arrays and their recording on optical discs.
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
On-line publications of marks for goods and services are accessible via the web-portal of the State Department and the web-site of the Institute:
http://www.ukrpatent.org/en/bases.html
http://www.sdip.gov.ua/en/info_resurses.html
III. Matters concerning classifying, reclassifying and indexing of trademark information
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
In 2008 the Ukrainian-language version of the Nice Classification (9th edition) was used for classifying marks for goods and services. The Ukrainian-language version of the Vienna Classification (6th edition) was used for classifying the figurative elements of marks.
Within the “Marks for Goods and Services” AS a software system for checking the classification symbols is in operation. The system includes reference lists of the classification schemes and specialized software for checking the classification symbols.
In 2008 the 6th edition of the Vienna Classification of the Figurative Elements of Marks was implemented within the “Marks for Goods and Services” AS environment.
Also, the second, amended edition of the 9th edition of the Ukrainian-language International Classification of Goods and Services was prepared for publication. The “Marks for Goods and Services” AS software was adapted to the new version of the Classification.
Bibliographic data and processing
Processing of the bibliographical data during input into the database is carried out by the software tools. The database structure allows storing all bibliographical data and provides extensive search possibilities.
In 2008 the “Marks for Goods and Services” AS was supplemented by the software modules to support the function of bibliographic data export to XML format according to WIPO Standard ST.36 (Mimosa).
IV. Trademark manual search file establishment and upkeep
Documentation from other offices maintained and/or considered part of the available search file
The search file for marks for goods and services as defined by the order of the State Department, comprises, among other sources, the database of the “Marks for Goods and Services” AS, the database of the international registrations ROMARIN on CD-ROM, the international classifications and the established list of reference information sources.
V. Activities in the field of computerized trademark search systems
In-house systems (online/offline)
The in-house computerized search systems for marks comprise the search systems of the “Marks for Goods and Services” AS, the incoming applications register, the centralized database “International Marks Received from the WIPO International Bureau”, the “Indicators” AS.
Paperless technology of processing trademark applications was implemented. The “Marks for Goods and Services” AS was updated and all documents were converted into electronic format.
In 2008 the following trademarks search systems were created:
1) an integrated reference and search system to provide unified access to heterogeneous information sources used in the process of examination of applications for marks for goods and services;
2) a system of search and recognition of images of marks for goods and services.
External databases
The external trademark databases comprise:
- DB “Marks for Goods and Services Registered in Ukraine”;
- DB “Information about Well-Known Marks in Ukraine”;
- DB “Information about International Registration of Marks Legally Protected in Ukraine”;
- DB “Information about the Marks for Goods and Services the Certificates for which Have Lost Effect or Have Been Invalidated”;
- IRS “Information about the Proceeding State of Applications for Marks for Goods and Services”;
- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification). Eighth Edition";
- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification). Ninth Edition. Second, Amended Edition";
- IRS "International Classification of the Figurative Elements of Marks (the Vienna Classification). Sixth Edition"
The mentioned DBs and IRSs are connected to the Internet.
Equipment used (hardware, including the types of terminal and network used, and software), carriers used
The “Marks for Goods and Services” AS functions in the environment of the local computer network operated by OS Windows 2003 server.
The AS software is designed according to the Client-Server technology and placed on Compaq ProLiant ML570 server (4x900Mhz, Xeon, 8Gb RAM). DBMS – MS SQL Server Standard Edition 2005. To ensure reliability and a high level of availability, data replication on the server with similar parameters is executed.
Mass storage media for information about marks for goods and services in the Institute are the servers of the electronic databases, Storage Area Network disc data storage systems, optical DVDs and 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
At the Public Patent Documentation Collection (PPDC) the users had access to information about marks published in the Official Bulletin “Industrial Property” (“Promyslova Vlasnist”) (Book 2) and the Official Bulletins of 44 foreign countries and international organizations.
The management of the contents, coverage and structure of the document collection was carried out with the due consideration of the users’ needs.
During the previous years (including 2008) a large-scale replacement of the information collection hardware by up-to-date computer equipment suitable for operating with advanced software on CD-ROM and DVD used by patent offices of different countries was implemented. The information was transferred from discs and concentrated on the network management server, which significantly accelerated the searching speed.
Great attention was paid to the popularization of the collection: subject collections of patent documentation on topical issues of industrial property and a digest of annotations of publications on topical issues of intellectual property protection in our country and abroad were published. Publications of prominent specialists from various patent offices – books and magazine articles received to update the collection – were annotated.
With the aim to preserve the collection, modern technologies of protecting library funds from theft, damage etc. are used. Video surveillance, ventilation and air conditioning is continuously in operation, fire safety (fire alarm, fire notification, fire fighting) is ensured.
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 information services are made available for the general public via the following DBs and IRSs:
- DB “Marks for Goods and Services Registered in Ukraine”;
- DB “Information about Well-Known Marks in Ukraine”;
- DB “Information about International Registration of Marks Legally Protected in Ukraine”;
- DB “Information about Marks for Goods and Services the Certificates for Which Have Lost Effect or Have Been Invalidated”
The following IRSs are also operative:
- ІRS "Information about the Proceeding State of Applications for Marks for Goods and Services";
- IRS "International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Classification). Ninth Edition. Second, Amended Edition";
- IRS "International Classification of the Figurative Elements of Marks (Vienna Classification). Sixth Edition".
All the DBs and IRSs are accessible free of charge.
The above-mentioned information resources can be found at the following addresses:
http://www.sdip.gov.ua/en/publicom_baza.html
http://www.ukrpatent.org/en/bases.html
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.
http://www.ukrpatent.org/ua/signs.html;
http://www.ukrpatent.org/ua/acts.html
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
http://www.ukrpatent.org/en/publications.html
http://www.ukrpatent.org/en/perelik.html
http://www.ukrpatent.org/en/bases.html
http://www.ip-centr.kiev.ua
VII. Matters concerning mutual exchange of trademark documentation and information
Exchange of machine-readable information
In 2008, in the framework of international exchange, the trademark bulletins from 27 foreign IP offices and one international organization, and the TRACES CD-ROM containing information about the marks registered in the countries of the Central and Eastern Europe were received. Our exchange partners were supplied with the Official Bulletin “Industrial Property” (“Promyslova Vlasnist”) on CD-ROM.
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)
Assistance to developing countries (sending consultants and experts, receiving trainees from developing countries, etc.)
In the reporting year the educational institutions in Ukraine continued training, upgrading and improvement of qualification of specialists in the sphere of intellectual property. Specialist training for educational and qualification degrees of specialist and master on the speciality “Intellectual Property” was carried out by 16 of the country’s educational institutions. As of 01.10.2008 its total license scope amounted to 1480 persons, including training (upgrading) of 910 persons for the specialist’s degree and 570 persons – for the master’s degree.
Altogether, in 2008 in Ukraine, 446 persons finished the respective training course, among them 192 persons acquired master’s degree and 254 persons – specialist’s degree. Particularly, in the State Institute of Intellectual Property (SIIP), 152 intellectual property specialists – 48 masters and 104 specialists - were trained. Besides, in 2008 SIIP began training masters in specialities “Consolidated Information” and “Innovative Activity Management”.
In 2008, SIIP, with the assistance of the State Department, finalized the development of training modules on different aspects of intellectual property, using the experience of the Academy of the World Intellectual Property Organization. During the reporting year 14 students of higher education institutes upgraded their qualification in the sphere of intellectual property through this form of training.
Besides, in 2008, around 700 persons – state employees, scientific and pedagogical staff, specialists from industry and various organizations – upgraded their qualification through different forms of training (conferences, seminars, refresher courses) organized by SIIP.
During 2008, with the aim of scientific and methodological support of the training process, the Institute’s Printing Centre published 20 titles of scientific and methodological materials (lectures summaries, manuals, textbooks etc.) with the total run of approximately 3250 copies.
An efficient means of exchanging experience and timely information on the matters of intellectual property protection is organization of conferences, seminars, “round tables”, meetings etc.
In 2008 the State Department organized and held 6 conferences, among them 3 international, and 26 seminars, including 2 regional ones, on the current problems related to the acquisition, exploitation and enforcement of IP rights, including:
- International Scientific and Practical Conference “Actual Problems of Intellectual Property”, organized by the State Department in cooperation with WIPO and the EPO. Representatives of WIPO, the EPO, Mission of the European Commission in Ukraine, the Embassy of the USA in Ukraine, the Patent Office of the Republic of Bulgaria and others took part in the conference work. Among the topics of the conference were the issues of legitimate intellectual property rights disposal, legal protection of commercial names in the context of international events – the European Football Championship 2012, ensuring and protecting UEFA intellectual property rights; trade names as a means of goods individualization on the market; the problems of using copyright and related rights in the field of entertainment and restaurant business; mediation as a tool of extrajudicial dispute settlement in the intellectual property field. The conference numbered over 100 participants;
- XIII International Scientific and Practical Conference “Actual Problems of Intellectual Property”, organized by the State Department in cooperation with WIPO, the EPO, the Council of Ministers of the Autonomous Republic of Crimea and the Employers’ Federation of Ukraine.
230 participants were registered for the conference, including, in particular, representatives of public and administration authorities, industries and scientific and research institutions, higher educational institutions, law companies and patent attorney firms, SMEs, judicial system, national intellectual property offices, media, public organizations, intellectual property specialists and managers from Ukraine, Germany, Hungary, the Republic of Kazakhstan, the Republic of Moldova, the Republic of Poland, Romania, Russian Federation, USA as well as international organizations – WIPO, the EPO, the Office for Harmonization in the Internal Market (OHIM).
The conference featured such topical issues as forming intellectual property market in Ukraine, developing the system of state regulation and management of intellectual property, advancing the regulatory and legal framework and enhancing the examination body operation, intellectual property rights enforcement and their rightful disposal. Special attention was paid to trademarks, trade names, geographical indications, copyright and related rights objects. To exchange experience and elaborate strategies of the further development of the education system in the intellectual property field the State Department first introduced a separate section “Staff Training and Skill Upgrading in Intellectual Property Field” within the framework of the conference programme;
- International scientific and practical conference “INTELPRAVO UEFA EURO 2012™” organized by the State Department with the support of the UEFA Executive Committee. The conference covered the following topics: the role of the Football Federation of Ukraine and executive authorities in preparation of the finals of the European Football Championship UEFA EURO 2012™; provision of enforcement of intellectual property rights of UEFA and its commercial partners; ways and means of fighting illegal commercial activity which causes damages to UEFA; the tasks of controlling and law-enforcement authorities of Ukraine connected with IP rights in the context of EURO 2012™.
Among the participants of the conference were representatives of UEFA Executive Committee, legal representatives of UEFA in Ukraine, the Secretariat of the Cabinet of Ministers of Ukraine, central bodies of executive power, scientific institutions, public organizations, law firms and media – all in all 115 participants.
Within the framework of the conferences and seminars, constant interest was aroused by the issues concerning trademarks – regulatory framework and law enforcement advancement, peculiarities of examination of applications for designations and the ways of dispute settlement.
It is worth noticing that in 2008 the State Department, besides organizing conferences and seminars, carried out significant work on encouraging creativity. Detailed information about it can be found in the relevant section of the Annual Report – 2008 of the State Department at: http://www.sdip.gov.ua/t/docs/zvit_en8.pdf
IX. Other general information related to the Office that is available on the Internet -- URLs of web pages of the Office’s website that:
provide information on legislation related to trademarks
http://www.sdip.gov.ua/en/laws_special_3
http://www.ukrpatent.org/en/legistation.html
contain the Annual Report of the Office
http://www.sdip.gov.ua/t/docs/zvit_en8.pdf
contain trademark-related news regarding the Office
http://www.sdip.gov.ua/en/index.html
http://www.ukrpatent.org
http://www.ip-centr.kiev.ua