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Annual Technical Report 2003 on Trademark Information Activities submitted by Canada (SCIT/ATR/TM/2003/CA)

 

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

Trade-mark Filings

Year Residents Non-residents Total % change

1999 20,513 21,234 41,747
2000 23,410 24,294 47,704 14.27%
2001 18,450 21,996 40,446 -15.21%
2002 17,068 19,664 36,732 -9.18%
2003 17,919 20,831 38,750 5.49%

Trade-mark Registrations

Year Residents Non-residents Total % change

1999 7,461 7,606 15,067
2000 9,604 8,764 18,368 21.91%
2001 8,222 8,787 17,009 -7.40%
2002 8,245 8,820 17,065 0.33%
2003 13,562 14,532 28,094 64.63%

II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes

Publishing, printing, copying techniques

The weekly Trade-marks Journal (gazette) is published using the electronic desktop publishing software Framemaker. Framemaker provides enhanced functionality, spell-checking capability and ease-of-use required for the preparation of the Trade-marks Journal.

The weekly Trade-marks Journal is now available on-line via our CIPO Web Site at http://cipo.gc.ca in PDF (portable document format). All Trade-marks Journals from January 2000 onwards are available on-line.

Main types of announcements of the Office in the field of trademark information

The weekly Trade-marks Journal (gazette) contains marks for applications filed, which are advertised following approval, and announcements regarding registrations. These announcements include:

- the date of the application/registration
- the serial number of the application/registration
- the name and address of the owner
- a reproduction of the trade-mark or necessary information for public inspection
- a statement of wares and/or services.

The weekly Trade-marks Journal also contains notices pertaining to Office Practices and Policies and other various types of notices on information pertaining to the Trade-marks Office.

Mass storage media and microforms used

The Trade-marks Office maintains a complete history of its trade-mark files in paper form, and information pertaining to all active marks from 1864 and inactive marks from 1979 to date in electronic form.

Word processing and office automation

The Trade-marks Office uses MS-Word 2000 as its word processing package operating in a Windows 2000 environment.

Techniques used for the generation of trademark information (printing, recording, photocomposing, etc.)

All outputs of trade-mark information, including the Trade-marks Journal, are produced from the trade-mark computer system INTREPID II. The Trade-marks Journal is produced using the desktop publishing package FrameMaker (version 7) with the final output being a PDF file that is loaded onto the CIPO web site. Most letters and reports are produced using MS-Word (2000) which is integrated within the INTREPID II system. All other outputs are produced using the electronic forms package JetForm which is also integrated within the INTREPID II system. While most outputs are printed to paper, the Acknowledgement Notice and client proof sheet for applications filed electronically (electronic commerce), the agent renewal notice, and the agent certificate are produced in PDF (portable document format) and sent to the agent/client electronically as email attachements. CIPO also provides the trade-mark information to various external search houses in electronic format. This ASCII information is transmitted to the search houses using FTP (file transfer protocol).

III. Matters concerning classifying, reclassifying and indexing of trademark information

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 (please state whether goods and services for the registration of marks and whether the figurative elements of marks are classified by your Office and, if so, which classification(s) is (are) used)

Canada does not follow a formal classification system for wares or services. Trade-mark applicants are required to file a statement in ordinary commercial terms of the specific wares and/or services for their trade-mark. While Canada does not follow a formal classification system, the wares or services are classified under the NICE classification system for reference purposes.

Canada currently uses a “key word” method of indexing the trade-mark (word elements and figurative elements). Canada has just completed a project to code the figurative elements using the Vienna Classification system. The Vienna Codes are now available on the Canadian Trade-marks Database on the CIPO Internet site.

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

The wares and services are classified for reference purposes under the NICE classification using an automated classifier which is part of the NUANS (Newly Updated Automated Name Search) system.

The automated classifier dictionary has been updated with the latest version of the NICE classification.

Obligation for applicants to use pre-defined terms of the classification applied

Trade-mark applicants are not required to use pre-defined terms for their statement of wares and/or services. The Trade-marks Office suggests that the Canadian Wares and Services Manual published by the Canadian Trade-marks Office, and available on our web site, be used as a basis for the selection of terms for the statement of wares and/or services.

Bibliographic data and processing for search purposes

All bibliographic data contained in trade-mark applications and registrations are maintained on the INTREPID II system.

IV. Trademark manual search file establishment and upkeep

Canada no longer maintains a manual search file. All trade-mark information is maintained within the INTREPID II system for over 863,000 marks. This information is provided to various external search services.

V. Activities in the field of computerized trademark search systems

In-house systems (online/offline)

The Trade-marks Office utilizes an end-to-end trade-mark processing system, INTREPID II, and the system became fully operational in November 1996. INTREPID II operates in a client/server environment. All trade-mark employees have access to the system via an internal, Local Area Network (LAN). The system contains bibliographic trade-mark data dating from the beginning of Canada's trade-mark management system in 1864, including pending and registered trade-marks, trade-mark designs, outgoing correspondence and trade-mark notices. INTREPID II is used within the office to manage the overall trade-mark process, including examination, opposition, assignments and renewals, and is able to make process decisions automatically. The system supports such specific office processes as preparing correspondence, updating information, preparing and transmitting notices electronically, and producing of the Trade-marks Journal.

In July 1999, an electronic trade-mark application filing component was added to allow a client to file their trade-mark application electronically over the Internet. The electronic commerce services have been continuously upgraded and expanded with the most recent addition of Trade-mark Renewals now being available over the Internet. For all client front-ends, the information is checked for completeness, the information is transferred to the Office via the Internet, the information is automatically loaded into the INTREPID II system and an electronic acknowledgement (in PDF) is emailed back to the client.


Other trade-mark automation initiatives in the area of Electronic Commerce being considered are:
Additional electronic bi-directional transactions such as assignments, etc., and Office initiated correspondence such as renewal notices, allowance notices, etc. will be added over the next 1-2 years. CIPO is also investigating upgrading its existing trade-mark electronic commerce transactions into a standard XML format.

External databases

CIPO uses a Web based search system Marque D’Or for trade-mark searches. As well, CIPO provides its trade-mark data to other commercial databases for external client use.

Administrative management systems (e.g., register, legal status, statistics, administrative support, etc.)

The INTREPID II system is integrated with an improved version of the previous Trade-marks Executive Information System (EIS). The EIS system now permits more detailed and comprehensive tracking and monitoring of trade-mark processes. The EIS system provides daily information on production volumes and turn-around-times for trade-mark processes. The EIS system has recently been upgraded to an Intranet version to allow broader access to reports within the Office.

Equipment used (hardware, including the types of terminal and network used, and software), carriers used

The INTREPID II system is a client/server system with the client component developed with Centura 2000 (formerly Gupta), and the UNIX (HP-UX) server using an ORACLE v8 database. Novell file servers are used for electronic mail and for sharing common files during development. A NFS disk area on the main server is used to hold the design images. This allows client workstations to access the designs within the client interface, while storing all design images under the control of the main server.

SERVER
· HP 9000 series model L-1000
· Operating System HP-UX 11.0
· 180 GB Disk (Raid5), 4GB RAM
· Oracle RDMS V 8.1.7.3
· Oracle SQL*Net V 8
· Microfocus COBOL Version 4.1 rev. 4
· TCP/IP

CLIENT WORKSTATION
· Over 140 workstations are connected to the server
· Pentium based (min 900MHz, 256MB RAM, 20GB disk)
· 19" or 21” SVGA monitors or 17" LCD
· MS-Windows 2000, Word 2000, Centura 2.1, TCP/IP SQL*Net 8.0
· ViewNow NFS (Network File System)
· some workstations with Bar-code readers and/or scanners

PRINTERS (networked)
· Lexmark T622 and T616 network printers

NETWORK
· TCP/IP
· 100 mb between server and switches
· 10 mb between switches and workstation (upgradable to 100mb)

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)

Planning, administration, automation, security

CIPO has consolidated the public access areas (search rooms) of the various IP products (patents, trade-marks, copyrights, industrial designs, integrated circuit topographies) into a single Client Service Centre. This Client Service Centre houses both the manual search collections as well as access to the automated search systems. The Client Service Centre is available to the public during normal office hours, 8:00-16:45 at its Headquarters located in Hull, Québec.

Information Officers are available in the Client Service Centre to assist the public in all aspects of their IP requirements.

Collection management, preservation

The trade-mark seach collection is managed in electronic form. The clients have access to the latest versions of the electronic records. A structured backup regime is in place to ensure preservation of the information.

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)

Public access to the trade-mark electronic processing system (INTREPID II) is available in the Client Service Centre.

The trade-mark database is available to the public on the Internet via the CIPO web site. The following trade-mark reference material is also available to the public via the CIPO web site:
· Trade-marks Act and Regulations
· Examination Manual
· Wares/Services Manual
· Practice Notices
· Trade-marks Guide
· Sample Forms
· Other reference materials
· All Trade-marks Journal (in PDF format) as of January 2000

The official index that is required to be kept under the supervision of the Registrar of Trade-marks pursuant to subsection 28(1) of the Trade-marks Act, is now accessible in the Canadian Trade-marks Database on the CIPO Internet site.

VII. Matters concerning mutual exchange of trademark documentation and information

International or regional cooperation in the exchange of trademark information, e.g., in the form of official gazettes

The official Trade-marks Journal is available on-line in PDF (Portable Document Format) http://cipo.gc.ca . Arrangements for paper copies may be made with the Canadian Government Publishing PWGSC, Ottawa, Ontario, K1A 0S9 Canada. Order Desk/Information: (819) 956-4800.

Exchange of machine-readable information

CIPO is presently providing trade-mark data to a variety of licenced external database search providers.

Weekly updates of Trade-mark data and design images are provided to the licenced external database search providers.

VIII. Matters concerning education and training including technical assistance to developing countries

IX. Other relevant matters