Trade Mark e-filing now available at the Irish Patents Office

The Irish Patents Office is pleased to announce the launch of the new Trade Mark e-filing facility. This new development, which is available from 8 April 2014, will facilitate the filing of all trade mark applications on-line via the Patents Office website home page.

The new e-filing system introduces an easy-to-navigate application form and makes provision for the uploading of figurative marks in Jpeg format. The e-filing functionality also facilitates the electronic payment of the trade mark application fee by credit or debit card. Automatic error checking helps ensure that users input the correct data, a fee counter provides information on the cost of the application and the submission process is straightforward and results in an online confirmation receipt that includes a provisional application number which can be printed or saved. In addition the TMclass classification tool has been integrated into the ‘Goods and Services’ section of the online application form. This feature allows trade mark applicants to choose pre-approved terms of goods and services which are acceptable to the Office and will further streamline the examination process.

The new e-filing system is a result of a successful collaboration between the Irish Patents Office and the Office for Harmonization in the Internal Market (OHIM). The e-filing project was developed under the OHIM’s Co-operation Fund which is designed to promote further harmonization, modernise national IP offices, and make things easier for users of the European trade mark and design systems.

For more information, please click here.

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Denmark joins the Harmonised Database

The Danish Patent and Trademark Office (DKPTO) has joined the Harmonised Database of Goods and Services on 1 April.

With more than 60,000 terms shared by the participating offices, the Harmonised Database is already the biggest database for trade mark classification.

DKPTO is the 24th office to join. As a result, the Danish translations of the Database are now available to all users through TMclass.

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The Republic of Korea joins TMview

As of 12 February 2014, the Korean Intellectual Property Office (KIPO) has made its trade mark data available to the TMview search tool. With this last extension, TMview now provides information on more than 23 million trade marks in total.

For further information on TMview, please click here. To have a deeper understanding on how this tool works, you are also invited to read the European IPR Helpdesk fact sheet written in collaboration with OHIM on “How to search for trade marks”, available in the library.

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Joint paper from BUSINESSEUROPE, AIM, ECTA, ICC-BASCAP, INTA and MARQUES: European trade mark package

BUSINESSEUROPE, AIM, ECTA, ICC-BASCAP, INTA and MARQUES, business associations representing most users of the European trade mark systems, has published a joint paper on the European Trade Mark Package.

According to this paper, all these business associations “very much support the objectives of modernisation and harmonisation of the trade mark systems at substantive and procedural levels.”

However, they have expressed some concerns in this joint paper, with the aim of continuing a constructive discussion on this matter. To read the joint paper, please click here.

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Russia and the USA join TMview

As of 18 December 2013, the Federal Service for Intellectual Property of Russia (Rospatent) and the United States Patent and Trademark Office (USPTO) have made their trade mark data available to the TMview search tool.

The integration of Rospatent and USPTO is a concrete result of the International Cooperation programme managed by the Office for Harmonisation in the Internal Market (OHIM) in collaboration with its international partners.

This last extension brings the total number of offices participating in TMview to 34 and with the addition of more than 400.000 Russian and 6,8 million US trade marks, TMview now provides information and access to more than 20 million trade marks in total.

Since the introduction of TMview on 13 April 2010, the tool has served more than 5 million searches from 205 different countries, with users from Spain, Germany and Italy among the most frequent visitors.

For further information, please click here.

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How can branding and trade mark use affect the economy?

Trade marks are the most used form of registered intellectual property, but evidence on the way trade marks and branding can impact the economy is scarce. To help overcome this problem, the World Intellectual Property Organisation explored this topic and has recently published the report “Brands – Reputation and Image in the Global Marketplace”.

This report starts by providing a description of the key trends and patterns of branding worldwide. In the second part, the report analyses the role of trade marks – “the form of intellectual property (IP) that protects the exclusivity of brands” – and finally in the last part the report discusses how branding activities affect market competition and innovation.

For further information and read this report, please click here.

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First European TMDN Newsletter out now

The first issue of the new European TMDN News is out now. The newsletter is focused on the intellectual property community, and looks at the European Trade Mark and Design Network's drive to share best practices and harmonise working methods.

In this English language version of the issue you'll find all the latest news on the Back Office project, the Terminology Maintenance Console, the Quality tool and a roundup of all the latest news from the EU National IP Offices. The magazine will be available in 23 EU languages in the coming weeks.

To read this first European TMDN newsletter, please click here.

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Common Communication on the Common Practice on the General Indications of the Nice Class Headings

The publication of the “IP Translator” judgment of the Court of Justice of the European Union (CJEU) in June 2012 led EU IP offices, IPI (Switzerland), NIPO (Norway), participating user associations, and OHIM to discuss at length the interpretation of the Nice Class headings and the acceptability of general indications of the Nice Class headings.

Following the release of the Common Communication on the Interpretation of the ‘IP Translator’, EU IP offices, OHIM and NIPO today have published on their respective websites a second Common Communication on the Common Practice of the General Indications of the Nice Class Headings.

This subsequent Common Communication provides users and offices alike with a list of 11 general indications which lack clarity and precision, and consequently cannot be accepted without further specification. The Communication also details the reasons why each of these unacceptable general indications was deemed insufficiently clear and precise.

This new practice has been reflected in OHIM’s Manual on Trade Mark Practice and will enter into force when OHIM launches its new website and new e-filing tool (see also “Webinar on the new e-filing system of OHIM: the user perspective”).

An updated Common Communication on Interpretation of ‘IP Translator’ has been published on the websites of EU IP offices and OHIM. It shows how each trade mark office interprets the scope of protection of their national trade marks and of Community Trade marks containing all general indications of one or more classes, filed before and after the judgment, with the details displayed using an overview composed of six annexes.

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Webinar on the new e-filing system of OHIM: the user perspective

A live webinar organised by OHIM’s Academy on the new e-filing tool will take place on 27 November at 14:00h CET.

OHIM´s new e-filing system will introduce completely fresh navigation and filing features, including a classification guide called Taxonomy, as well as new options for users requiring advanced functionalities, and a wizard for first-time users, providing guidance on the e-filing process.

Wed, 11/27/2013