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Where URLs are requested below, it is preferred that either URLs which a= re 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 acce= ss the corresponding information.
In the reporting period, work continued to enhance the quality and impro=
ve the examination and registration procedures for trademarks. For this pur=
pose, in 2005 a number of normative documents were produced, aimed at produ=
cing uniform approaches to the application by examiners of the rules contai=
ned in the Law of the Russian Federation on Trademarks, Service Marks and A=
ppellations of Origin concerning the requirements relating to trademarks. I=
n particular, documents were prepared on:
=EF=82=B7 the application of the criteria for evaluating the presence in a=
designation of an acquired distinguishing feature;
=EF=82=B7 explanatory approaches to the conduct of an examination relating=
to designations that are subjects of an author=E2=80=99s or a personal non=
-proprietary right (or containing elements of such);
=EF=82=B7 the attribution of a designation to the categories of false or m=
isleading for a user in relation to a good or its manufacturer.
A reduction was achieved in the labor-intensive nature of examination proc=
edures by improving the technology used to prosecute applications and imple=
menting a procedure for the insertion of changes in application documents.<=
/p>
In 2005, the number of applications received increased in comparison to = 2004 by more than 15 per cent owing to an increase in filings by Russian an= d foreign applicants (see Table 1 attached).
In 2005, 20,271 announcements of trademark registration and 21 announcem=
ents of the registrations of appellations of origin were published.
Starting in 2005, the Official Gazette Trademarks, Service Marks and Appel=
lations of Origin was published on CD-ROM, with 24 issues per year. In addi=
tion to the Official Gazette, a paper version is also published as well as =
one on the Internet.
From January 2005 onwards, Rospatent started to publish the Official Gaz=
ette Trademarks, Service Marks and Appellations of Origin on an electronic =
CD-ROM carrier with a search system.
The Gazette contains information on:
- well-known trademarks;
- trademark and service mark registration (bibliographical data, illustrat=
ions or descriptions);
- registration and the grant of the right to use an appellation of origin =
(bibliographical data etc.)
- announcements concerning changes in the legal status of certificates;
- the corresponding audio and video data are included for sound trademarks=
.
The Gazette is distributed together with the software IPS MIMOSA.
In addition, a presentation of all the information is included in PDF form=
at.
In 2005, the following trademark publications were issued:
=EF=82=B7 Trademarks, Service Marks and Appellations of Origin on CD-ROM =
=E2=80=93 24 issues;
=EF=82=B7 Trademarks, Service Marks and Appellations of Origin on paper =
=E2=80=93 24 issues;
=EF=82=B7 An annual index to the Trademarks, Service Marks and Appellation=
s of Origin Official Gazette on paper =E2=80=93 three volumes;
=EF=82=B7 A set of retrospective information on trademarks for the period =
1991-2004 on DVD =E2=80=93 one disk;
=EF=82=B7 An open register of national trademark applications received by =
Rospatent as of January 1, 2005.
Table 2 shows the number of orders in 2005 for annual sets of official pub=
lications, with current acquisitions and retrospective collections.
Data are stored on paper, diskettes and optical disks, as well as in the= form of databases or files.
In the Russian Federation Trademarks Automated System, since 2005 a sear=
ch system has been in operation in relation to the identity and similarity =
of graphic elements of the designations of trademarks based on a linguistic=
module =E2=80=94 the SILOIZ =E2=80=94 version 1 system.
As part of the comprehensive program to modernize the automated systems of=
Rospatent, in 2005 the following work was done:
=EF=82=B7 work was finalized and approval commenced of the new automated t=
rademark examination search system (AS =E2=80=9CTM-EXAM-SEARCH=E2=80=9D), w=
ith the migration of data from the current automated system (Russian Federa=
tion Trademarks Automated System) to the AS =E2=80=9CTM-EXAM-SEARCH=E2=80=
=9D environment and interaction between the two automated systems;
=EF=82=B7 software was devised for the first iteration of the automated =
=E2=80=9CTM-ADMIN=E2=80=9D electronic document flow management system for t=
he purposes of trademark examination;
=EF=82=B7 the Processing of International Trademark Registrations Automate=
d System (RPMECA) was devised, guaranteeing the automated processing of tra=
demark applications according to the international (Madrid) registration pr=
ocedure;
=EF=82=B7 a series of work was completed on the international MECA project=
(electronic exchange of notifications within the Madrid Agreement Concerni=
ng the International Registration of Marks and the Protocol Relating to tha=
t Agreement), with the production of paperless technology for the exchange =
of data with WIPO concerning international (Madrid) trademark applications;=
=EF=82=B7 the Electronic Publication of Rospatent Editions concerning Indu=
strial Property Subject Matter was introduced, assuring the transition to t=
he paperless official publication of, inter alia, trademark data, on CD-ROM=
and the Internet;
=EF=82=B7 the creation of an open register of national trademark applicati=
ons received by Rospatent, commencing January 1, 2005, was completed;
<=
br>
=EF=82=B7 the Automated Subsystem Trademark Applications was introduced, p=
roviding search functions for various types of national trademark applicati=
on data with filing dates beginning January 1, 2005.
Technological equipment allowing ready printed copies to be produced in = the form of printed editions and facsimile (photo) copies is used to prepar= e for printing and production. This equipment comprises machines for printi= ng processes, printing information in facsimile form, microfilming and prin= ting microfilms (microfiches).
Since January 1, 2002, Rospatent has used the Eighth Edition of the Inte=
rnational Classification of Goods and Services (ICGS) to classify goods and=
services.
The International Classification of Figurative Elements of Marks is used t=
o classify figurative elements.
The WIPO Standard (ST60) is recommended for indexing bibliographical data.=
In order to check classification symbols used by an applicant in a list = of goods and/or services, electronic classification systems are used allowi= ng each term presented by an applicant to be checked against the ICGS and a= decision to be taken for examination purposes.
In application documents, applicants must use the terms of the ICGS.
Bibliographical data are processed for search purposes with the aid of a= number of automated search systems (ASS) as part of the Russian Federation= Trademarks Automated System.
The collection of trademark gazettes, published separately, is arranged =
alphabetically by country name and, for individual countries, in chronologi=
cal order.
The trademark manual search collection is arranged on the basis of the fol=
lowing information files:
=EF=82=B7 a collection of designations claimed as trademarks in the Russia=
n Federation and filed directly with Rospatent (national procedure);
=EF=82=B7 a collection of trademarks registered in accordance with the nat=
ional procedure;
=EF=82=B7 a collection of international marks claimed and registered under=
the Madrid Agreement;
=EF=82=B7 a collection of figurative elements of trademarks;
=EF=82=B7 a collection of literary information sources.
The trademark manual search collection is updated by adding trademark ap=
plications filed both under the national procedure and the Madrid Agreement=
, newly arrived literature, and new acquisitions of official publications o=
f Rospatent and the WIPO International Bureau.
Machine-readable data arrive on a daily basis by electronic communication =
means, relating to international applications covering the whole of the ter=
ritory of the Russian Federation, and the information is inputted without a=
keyboard, for subsequent multipurpose use within the Russian Federation Tr=
ademarks Automated System.
Data are stored on paper, diskettes and optical disks, as well as in the= form of databases or files.
Optical disks received from WIPO and also countries such as Germany, Jap= an, Republic of Korea, the United States of America and so on are used as p= art of the search collection.
Rospatent uses a database of published trademarks on optical CD-ROMs ent=
itled =D0=A2rademarks of Russia, in which an enhanced version of the softwa=
re MIMOSA 5.0 is used.
Software has been devised for work with the trilingual version of ICGS-8, =
integrated with the Russian Federation Trademarks Automated Examination Sys=
tem.
Rospatent=E2=80=99s Internet resources include the following databases:
=EF=82=B7 a database of Russian trademarks (contains information on 219,00=
0 Russian trademark certificates from 1925 to 2005 inclusive; updated twice=
monthly);
=EF=82=B7 a database of international trademarks with the designation Russ=
ia (contains information on 123,000 international trademarks with the desig=
nation Russia from 1980 to 2004) =E2=80=93 for trademark database subscribe=
rs;
=EF=82=B7 an Appellations of Origin database =E2=80=93 for trademark datab=
ase subscribers;
=EF=82=B7 a database of Trademarks Well-Known in Russia;
=EF=82=B7 a database of trademark applications filed in 2005 (contains inf=
ormation on 34,000 applications; updated daily);
=EF=82=B7 an ICGS database.
Examiners use external databases freely available on the Internet, throu= gh WIPO and INN.
As part of the comprehensive program to modernize the automated systems =
of Rospatent, in 2005:
- operational testing was completed for the prototype of the automated tra=
demarks search system (TM-EXAM-SEARCH system - version 2); the system was d=
eployed with the daily migration of data from the existing Russian Federati=
on Trademarks Automated system to the TM-EXAM-SEARCH - version 2 environmen=
t, and the system operated in the production environment for the processing=
of the operational features of the future system with the structural solut=
ion devised;
- the specific features of an automated system for the electronic processi=
ng and management of electronic document flow for trademarks (TM-ADMIN syst=
em) were produced, and the concept of the system=E2=80=99s safety was devis=
ed and approved.
In 2005, automated processing systems were devised for the examination of =
applications concerning:
=EF=82=B7 the insertion of amendments, extension, premature termination of=
the effect of trademark registration (brought into operation on a trial ba=
sis);
=EF=82=B7 international registrations on the territory of the Russian Fede=
ration (brought into operation on a trial basis);
=EF=82=B7 the registration of agreements, including international registra=
tions.
Data on changes in registrations from the systems listed above are publish=
ed and are also used in different search systems.
Equipment used:
=EF=80=AD Compaq DL380 Server =E2=80=93 six units
(=D0=9EM - 2 GB, processors-2, external memory-200 GB)
=EF=80=AD Compaq DL580 Server =E2=80=93 two units
(=D0=9EM =E2=80=93 8 GB, processors - 4, external memory =E2=80=93 300 GB)=
Compaq 586, P MMX, PII, P4, Fujitsu-Siemens workstations - 480 units.
=
Switching equipment:
Equipment for ISDN lines
SmartSWITCH 6000; 3Com CoreBuilder 3500; Cisco
Software:
SINIX, Windows 2000 and Windows XP operating systems.
Media used:
DLTtape IV, SDLT magnetic tapes.
The collection of trademark gazettes, published separately, is arranged = alphabetically by country name and, for individual countries, in chronologi= cal order.
In 2005, issues of trademark gazettes represented about 14,000 storage u=
nits on paper carriers, and approximately 30,500 optical disks were viewed =
by users.
The Federal Institute of Industrial Property (FIPS) issues information on =
trademarks registered in the Russian Federation, on DVD. Users are provided=
with annual sets containing complete information in the Trademarks, Servic=
e Marks and Appellations of Origin Gazette (including illustrations). Disks=
are distributed together with the software MIMOSA, which allows searches o=
f bibliographical data, ICGS indexes, a list of goods and/or services, and =
also a combination thereof, to be made. In addition, in 2005 the Trademarks=
, Service Marks and Appellations of Origin Gazette was issued on paper, 24 =
times during the year.
In 2005, users were offered a retrospective set on DVD containing trademar=
k information for the years 1991 to 2004. The set is distributed together w=
ith the software MIMOSA.
Through the Internet (www.rupto.ru) Rospatent provides access to a Russian=
trademarks database which contains information on Russian trademark certif=
icates from 1991 to 2005 inclusive, and which is updated twice per month. I=
n 2005, access was obtained through the Internet to the Appellations of Ori=
gin database and also to a database of international trademarks containing =
the designation Russia (from 1980 to 2005; updated monthly).
In 2005, Rospatent began to publish on the Internet (www.rupto.ru) the ele=
ctronic Trademarks, Service Marks and Appellations of Origin Gazette, as we=
ll as registers of Russian trademarks and service marks, appellations of or=
igin, trademarks well-known in Russia, applications for Russian trademarks =
and service marks, and international trademarks with the designation Russia=
and an indication of their legal status.
Within the framework of international exchange in 2005, Rospatent sent i=
ts Trademarks, Service Marks and Appellations of Origin Official Gazette to=
foreign countries on optical disks =E2=80=93 57 annual sets to 53 =D1=81ou=
ntries.
The All-Russian Patent Technology Library (VPTB) Division receives tradema=
rk information both in the form of special gazettes and also sections of in=
dustrial property gazettes from 46 countries and three international organi=
zations.
In 2005, the following were received on all types of carriers, including t=
hose downloaded from the Internet: special gazettes =E2=80=93 1,523 copies;=
industrial property gazettes with sections devoted to trademarks =E2=80=93=
522 copies.
In 2005, 1,429 copies of trademark gazettes and sections containing info= rmation on trademarks in industrial property gazettes were received on opti= cal disks, and downloaded from the Internet, from WIPO and countries such a= s Germany, Japan, Republic of Korea and the United States of America.
Various aspects of trademark protection were discussed at events organiz=
ed in Moscow, either directly by Rospatent or with its active participation=
:
- a Conference and Round Table as part of the Eighth International Industr=
ial Property Exhibition =E2=80=9C=D0=90rchimedes-2005=E2=80=9D at Sokol=E2=
=80=99niki, devoted to the legal protection of industrial property subject =
matter in the innovation process;
- a scientific and practical conference on the =E2=80=9CProblems of the pr=
otection, defense and use of intellectual property subject matter=E2=80=9D =
and, within that framework, three round tables;
- an International Conference on the Problems of the Theory and Practice o=
f Intellectual Property Protection=E2=80=9D.
183 specialists underwent training on patenting and entrepreneurs on the=
programs concerning the =E2=80=9CUse of databases available on the Interne=
t for patent searches=E2=80=9D, =E2=80=9CEnforcement of rights in intellect=
ual property subject matter, taking into account the amendments made to the=
legislation of the Russian Federation. Licensing-agreement relations=E2=80=
=9D, and the =E2=80=9CInternational registration of marks in accordance wit=
h the Madrid Agreement and the Protocol Relating to the Madrid Agreement=E2=
=80=9D.
In addition, in 2005 16 specialists from the patent offices of Ukraine, Be=
larus and Kazakhstan underwent training based on individual programs at the=
Federal State Institution (FGU) FIPS.
The retraining program course entitled An A to Z of Trademarks continued a=
t the Russian State Intellectual Property Institute (RGIIS) in 2005.