Annual Technical Report 2002 on Trademark Information Activities submitted by China (SCIT/ATR/TM/2002/CN)
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I. Evolution of registration activities
1. General Information on Trademark Application and Registration
In 2002, the Trademark Office accepted a total of 371,936 applications for goods and services trademark registration, more than ever with a 37.5% increase compared with that of 2001. In addition, the Trademark Office approved a total of 212,533 applications for registration in 2002. By the end of 2002, China had 1,664,810 registered trademarks in force.
2. Realization of Paperless Workflow in Trademark Registration
After Phase II of the Automation System for Trademark Registration and Administration was put into operation on a trial basis in November 2001, the Trademark Office began the substantive examination in March 2002, which marked the formal operation of Phase II. Based on the computerized trademark search and examination system of Phase I, a standard trademark data management system was set up in Phase II, which realized the automation of the procedures of trademark registration. After receiving an application filed for trademark registration, the Trademark Office immediately inputs and records the information in the trademark database, turning it into an electronic file and the paper document is archived. At each step of the procedure of trademark registration, the staff just hand over the business with electronic files through the computer system. The orderly instructions made dynamically in the trademark database limit and maintain the orderly proceeding of every link in the trademark registration procedure. When the staff need to send for the relevant trademark files for inspection, they can get them through a search on their own computer terminals. All the files generated separately by examiners in all stations are printed and sent collectively by the dispatch department.
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
The Trademark Office publishes a Trademark Gazette regularly to release trademark information. The paper Trademark Gazette is printed four times a month. Besides the paper Gazette, the Trademark Office has published the electronic Gazette based on CD-ROM since September 2002. All published information is generated directly from the master database and reproduced by the Trademark Gazette typesetting system. The channel of distribution of the trademark gazettes works well.
III. Matters concerning classifying, reclassifying and indexing of trademark information
The Trademark Office uses the Nice Classification to classify goods and services for the purposes of the registration of marks, and uses the Vienna Classification to classify figurative elements of marks. In the classification of goods and services, the China Trademark Office revised and published a new “Classification of Similar Goods and Services” based on the 1998 edition according to the 8th edition of “International Classification of Goods and Services for the Purposes of the Registration of Marks” revised in the 18th session of Committee of Experts of the Nice Union. The Trademark Office subdivided, adjusted, added, and cancelled the names of some goods and services in new version, which further made names of goods and services more normative and more scientific.
The Trademark Office has set up a Computer Aided Classfy System according to the above classification standards to realized the automation of the matters concerning classifying, reclassifying and indexing of trademark information. The Computer Aided Classfy System can help the examiners to classify and search goods, services and figurative elements of marks. The Trademark Office also appeals to the applicants to use pre-defined terms of the classification applied, which plays a significant role in promoting the standardization, automatization of administration.
The Automation System for Trademark Registration and Administration currently used works well in searching trademark information. It can find the accurate trademark information with one or more combination elements, including applicant's name, applicant's address, contact person, applying date, applying number, trademark name, goods or services, Similar code of Goods and Services, figurative elements and the number of Trademark Gazette
IV. Trademark manual search file establishment and upkeep
Currently the Trademark Office has two file systems, namely a paper file and and electronic file system. The paper files are kept in storerooms that are dampproof, mothproof and fireproof by persons specially assigned to the upkeep. The electronic files are stored in the disk arrays, and are backed up periodically on CD-ROMs.
V. Activities in the field of computerized trademark search systems
In 2002, the Phase II of the Automation Project of the Trademark Office was officially put into operation, leading to the realization of the Office's network and automation of the trademark examination procedures. The number of clients on the intranet has now increased to more than 300, however, the present intranet only covers the automation of trademark operations, with the exclusion of administrative automation.
The automation system of the Trademark Office now uses two SUNE6000 as its main servers, Solaris8 developed by SUN as its Operation System, Oracle as its Database System, the disk arrays produced by SUN as its storing media, and the software developed on the basis of Windows platform by our Office as its applied software of client.
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)
Trademark services available to the public are entrusted by the Trademark Office to the Tongda Trademark Service Center. Services provided in the Trademark Hall include: printing of the Application Form, copying of documents and the search. Information offered by the trademark website include: trademark laws and regulations; the development of enforcement, trademark archives information, trademark application forms, guidance for trademark registration as well as information regarding trademark agencies.
In addition, there is a self-service terminal in the Trademark Hall for searching relevant procedures and rules regarding how to register trademarks. But internet is still not available in the Trademark Hall, so the applicants are unable to search for files of remote libraries or trademark information offered on the internet directly in the Trademark Office.
VII. Matters concerning mutual exchange of trademark documentation and information
At present, the China Trademark Office mainly exchanges international or regional trademark information with the International Bureau of WIPO on international trademark registration information, circulars, laws, regulations as well as protected symbols or signs by means of CD-ROMs, faxes and paper.
The Trademark Office also exchanges documentation and information with other IP offices through visiting delegations.
VIII. Matters concerning education and training including technical assistance to developing countries
In 2002, the Trademark Office under State Administration for Industry and Commerce hosted 35 visiting foreign delegations, dispatched abroad 31 delegations all together. By actively strengthening the exchange and cooperation with trademark administrative authorities of all countries, the Trademark Office further promoted ties with other countries in respect of trademark technical intercommunion.
IX. Other relevant matters