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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.
The following numbers of trademark applications and registrations in Aus=
tria in 2005 are presented in comparison with the numbers in 2004 (=3D100%)=
:
National applications:
8.426 in 2003
8.385 in 2004 (-0,50% compared to 2003)
8.583 in 2005 (+2,3% compared to 2004)
National registrations:
6.835 in 2003
7.700 in2004 (+12,66% compared to 2003)
6.873 in 2005 (-10,7% compared to 2004)
MMA/MMP applications based on Austrian trademarks:
0.964 in 2003
1.188 in 2004 (+23,24% compared to 2003)
1.271 in 2005 (+6,9% compared to 2004)
International applications incl. renewals designating Austria:
12.948 in 2003
12.316 in 2004 (-4,88% compared to 2003)
12.531 in 2005 (+1,75% compared to 2004)
Number of active trademarks in Austria
national:
108.422 in 2004
110.530 in 2005 (+1,9% compared to 2004)
international:
247.220 in 2004
247.386 in 2005 (+-0% compared to 2004)
In the year 2005 the number of national applications kept constant, the =
number of national registrations decreased to the amount of 2003 after an i=
ncrease due to a change in the procedure in 2004.
In the international field the number of applications based on austrian tr=
ademarks increased.
A general trend for a reduction in national trademark applications could n=
ot be observed, the high level of 2001 was almost reached again. In spite o=
f the possibility of a CTM application the number of requests for an intern=
ational registration on the basis of domestic trademarks increased.
As in 2004, 88% of the national applications originated from Austrian ente=
rprises.
Like in 2004, about 60.000 Community Trademarks, which also have effect in=
Austria, were filed at the Office for Harmonisation in the Internal Market=
(Trademarks, Designs and Models) in Alicante.
Approx. 60.000 trademarks were registered at the Office for Harmonisation =
in the Internal Market in the year 2005, which came into effect for the who=
le EU and thus also for the territory of the Republic of Austria. This repr=
esents an increase of 73% over the numbers of the year 2004.
Also the number of effective trademark rights has further increased: 110.5=
30 signs were protected as national trademarks by the end of 2005. This is =
an increase of 2% compared with the year 2004.
The oldest trademark in force in Austria is still the one that was filed o=
n April 2nd, 1859.
About 250.000 signs are protected as international trademarks with respect=
to Austria. Adding the effective community trademarks, nearly 560.000 sign=
s in total are protected as trademarks in the territory of the Republic of =
Austria.
The majority of applications were filed in the class 35, followed by the c=
lasses 9, 16, 3 and 41.
The Austrian Trademark Gazette is a separately published, monthly issued=
bulletin which exclusively relates to trademark information. Its productio=
n employs a Desktop Publishing program adapted to the special requirements =
of the office. The production works with a master copy, from which the pape=
r copies are made.
Since Autumn 2005, the gazette is also published as PDF-File on the hompea=
ge of the Austrian Patent Office www.patentamt.at.
Starting with 2006 the Austrian Trademark Gazette is published monthly o=
n the homepage of the APO. Only few paper copies are sent to offices accord=
ing the agreements of bilateral exchange of publications between offices. <=
br>
In house and via Internet the bibliographic data and images of active nati=
onal and international trademarks are searchable.
As mass storage means magnetic disks are used for the bibliographic data= , for all word marks and for the wording of combined word and figurative ma= rks as well as for the figurative elements of national trademarks.
National trademark applications and incoming lettters are scanned with E= POSCAN. Outgoing letters are prepared with MS-Word via a workflow-managemen= t system including an in-house online file-inspection since the year 2000.<= /p>
The Nice Classification Systems of Goods and Services, 8th edition, is u=
sed for the registration of marks. The applicants are not obliged to use pr=
e-defined terms of the classification system. Classification symbols are al=
lotted by the applicant. The symbols are checked by examiners of the tradem=
ark department in the course of the examination procedure and are used for =
the registered marks.
For the classification of figurative elements of marks the Vienna Classifi=
cation system, 5th edition, is applied.
The applicants are not obliged to use pre-defined terms of the classific= ation system.
Bibliographic data elements and classifications are searchable. The imag=
es are displayed together with these data elements.
This search is avaialable inhouse and via Internet.
For image similarity search during the procedure an additional database (O=
racle) is used which allows the image search based on Vienna classification=
.
In 1996 the manual search files were replaced by an electronic storage a= nd retrieval system, please see also item V.
The Austrian Patent Office receives the Trademark Gazettes from most of = the other offices and from OHIM. Since a lot of these publications are avai= lable via Internet the paper version is reduced. These gazettes are stored = in the reading room of the public library.
The examination of trademark applications as to similarity is executed b= y electronic means. The database includes national trademarks , community t= rademarks and international trademarks valid in Austria.
Access to the database ROMARIN and to the bibliographic data of =E2=80=
=9CCommunity Trademark Applications=E2=80=9D is available and also used for=
information services.
Together with other national Offices (France, Portugal and Hungary) the Au=
strian Patent Office took part in the eMage project in testing a new Search=
Service for figurative elements of trademarks and designs.
The complete register of national trademarks is available in an electron=
ic version. The project of converting the paper version of the national reg=
ister of trademarks to an electronic register was finalized in 2001.
An electronic registry for Appeals and Nullities including information abo=
ut the procedural steps is accessible via the office=C2=B4 s intranet.
Hardware: From Pentium III 800 MHz to Pentium IV 2,4 GHz for all examine=
rs via Ethernet-LAN, two flat-screen monitors for all trademarks examiners,=
leased lines to Internet.
Software: Windows Operating System (Win2000, WinXP), in house document man=
agement system for trademarks, Host System Siemens BS2000.
The Austrian Patent Office offers free of charge information services co=
ncerning questions on legal matters, on details of registration procedures,=
property rights or due fees relating to trademarks which can be submitted =
verbally (personally or by telephone). An information center is established=
which also provides information about registered international trademarks =
with effect for Austria, and about community trademarks of the European Uni=
on. This information covers all bibliographic data of the mentioned protect=
ion rights. This inquiry can also be made in the library by self-service (w=
ith support of the library personnel) on computer workstations.
Information about the due date of next renewal fee for a trademark and abo=
ut amounts and methods of payment is available at any time via Internet by =
entering the application or register number.
Information services of the Service and Information Sector (serv.ip, forme=
r TRF)
The Service and Information Sector of the Austrian Patent Office (serv.ip)=
exists since the fall of 1994 pursuant to the appropriate regulations of t=
he amendment of the Patent Law of 1992 and the corresponding ordinance of 1=
994.
It offers customer-oriented service and information products in the area o=
f patents, trademarks and designs in a commercial manner.
In particular, following commercial services are offered by the Service an=
d Information Sector:
- trademark similarity search
- a similarity record including colour images
- trademark monitoring
- information in written form
- uncertified register extracts
- express services concerning national and international trademark
similarity searches, register extracts as well as written information
- external on-line information
- translation of the list of goods and services from the German into
French or English
The homepage of the Austrian Patent Office contains general information as=
well as detailed references for applicants concerning forms for applicatio=
n and the current fees for all industrial property rights. All register dat=
a, especially information about time limit and amount of the next annual fe=
e, are free of charge. Full access to the database of the Austrian Patent O=
ffice, which covers all property rights for Austria according to different =
search criteria, e.g. owner, inventor, international patent classification,=
application and register number, is made possible by using a password. Thi=
s database also allows searching for the mark wording of all trademarks reg=
istered for Austria.
Address: www.patentamt.at
The Austrian Trademark Gazette is exchanged on a bilateral basis with al= most all of the WIPO Member States and OHIM. In addition, the office receiv= es the trademark gazettes of WIPO.
Machine-readable information exchange of industrial design and trademark=
data has been started for the EU-project e-Mage.
Aim of e-Mage: Online-Search in industrial design + trademark databases. D=
ata from France, Portugal, Hungary, Austria, international design + tradema=
rks, Community trademarks + design; open to other countries. Search via bib=
liographic data and/or similarity search via images. Natural langugage sear=
ch in classifications.
External seminars are frequently organized together with partners, like =
the Institute for Promotion of Trade and Industry (WIFI), technology transf=
er centres, universities, other authorities, inventor=E2=80=99s federation =
or the bar association. The cooperation with partners frequently improves t=
he contacts to the target groups using the existing communication structure=
. Seminars take place also in cooperation with other offices
In order to expand these demanded training course activities additionally =
two seminar series were started in the Austrian Patent Office in 2001, whic=
h are organized by the Austrian Patent Office/Service and Information Secto=
r. One of said seminar series concerns an overview of the industrial proper=
ty rights. The second seminar series deals with special topics, e.g., softw=
are protection, biotechnology, etc., and is arranged under consultation of =
external experts in the respective area.
Seminars on industrial property rights, including trademarks held by the A=
ustrian Patent Office during 2005:
... seminars for Universities, with ... participants
... seminars for high schools, with ... participants
... seminars for SMEs, with ... participants
... participations on exhibitions and fairs
Training courses and exchange of information were held for participants = from Bahrain, China, GCC and Korea during 2005.
Training courses are held for patent experts from developing countries i=
n co-operation with the WIPO since 1977. Patent information and documentati=
on are the main topics. The participants in the WIPO/Austria Training Cours=
e 2005 came from Belarus, Bosnia & Herzegovina, Jamaica, Kazakhstan, Ma=
lawi, Romania, Saudi Arabia, Uzbekistan, Thailand and Ukraine.
The program of the course provided practical training in the use of the In=
ternational Patent Classification for file organization and searching as we=
ll as in the methodology of retrieving information from patent literature i=
n search files and from online databases for patent examination, state-of-t=
he-art searches and other technological information purposes.
Furthermore the curriculum included a demonstration of the Austrian Patent=
Office's operation and administration, applications of the Internet as wel=
l as CD-ROM technology and utilization.
The training course provided also information about international treaties=
such as TRIPS, PCT, SPLT and EU-COMPAT as well as basic knowledge about tr=
ademarks and design.
For further information about activities of the office in 2005, one may = also refer to the =E2=80=9CAnnual Report of the Austrian Patent Office 2005= =E2=80=9D, published in German and English on the Homepage of the office ht= tp://www.patentamt.at/geschaeftsbericht2005 .