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The main trends in the development of activities in the field of patent information were defined by the Comprehensive Plan for Development of the Rospatent System up to 2015, the Rospatent Computerization Plan for 2012, and the Plan of Measures by the Federal Institute of Industrial Property (FIPS) for the enhancement and development of its activities for 2012.
The main trends in the Plans include:
the creation of conditions to assist natural persons and legal entities in the fullest possible implementation of their rights to protection of the results of intellectual activity and means of individualization, and their enforcement;
a reduction in the time taken to examine applications, bearing in mind the forecast growth in the volume of applications received;
the provision of high-quality examination and protection titles issued;
increasing the effectiveness of information technology resources within the Rospatent system;
training specialists in the use and protection of intellectual property;
implementation of monitoring in the sphere of the use and legal protection of scientific research, and design and technology work for civilian purposes, financed by the Federal Budget;
implementation of international cooperation.
Depending on the type of measure, the anticipated deadlines for implementation are planned between 2010 and 2015.
The following registers continued to be updated in 2012, with entries signed by the inputter using an electronic, digital signature: the electronic State Register of Russian Federation (RF) Trademarks and Service Marks, the State Register of RF Appellations of Origin, and the electronic list of trademarks that are well known in the Russian Federation (hereinafter EGR). As at the end of 2012, 88,848 new registrations had been entered into EGR and 151,958 registrations had been transferred from the paper State Register.
In 2012, operation continued of the Unified Automated System for the Accounting of Fees, introducing the use of electronic payment documents received from the Russian Treasury, and the possibility of recording fees for legally significant acts regarding applications for trademarks and appellations of origin. Improvements to the Fees accounting system were carried out in 2012, in connection with the introduction of amendments to the Regulations on Fees and the ending of requests for copies of payment documents from applicants.
Work to integrate the electronic document flow system for trademarks, TM-ADMIN, into the electronic Unified System for the Accounting of Fees was completed in 2012.
In 2012, the electronic document flow system for trademarks and service marks, TM-ADMIN, which is connected to the workstations of all examiners and employees who deal with incoming correspondence, operated reliably. The overall number of system users exceeds 430. Work to improve the performance and productivity of the system was carried out, including business process re-engineering.
The new version of the automated system for electronic filing of applications for trademark registration and electronic services for applicants (KPS RTZ) operated reliably in 2012 and supported the use of key accredited certification centers for filing trademark applications electronically. Software was developed to organize the filing of applications from FIPS receiving offices. As at December 31, 2011, 5,694 applications had been filed via KPS RTZ.
In 2012 operation continued of the automated system for paperless prosecution for the Chamber of Patent Disputes (PPS). The system provides the possibility of paperless prosecution during the consideration of objections and appeals filed with PPS. Information on the decisions of the PPS automated paperless prosecution system is posted on the FIPS website in the Decisions of the Chamber of Patent Disputes section.
Trends or areas experiencing rapid changes with respect to the previous year
From Table 1, below, it is clear that the overall number of trademark registration applications filed in the Russian Federation in 2012 rose in comparison to 2011. The overall increase in application numbers was 3.69 per cent, due to a rise in applications received from foreign applicants (of 2.29 per cent) and Russian applicants alike (of 4.81 per cent), while, compared to 2011, the number of applications filed under the procedures of the Madrid Agreement or Protocol thereto fell, by 1.29 per cent.
Regarding the registration of trademarks, an increase of 11.55 per cent was observed. This trend has mostly been noted with regard to applications from foreign applicants, which have increased significantly by 18.23 per cent, although there has also been an increase, of 6 per cent, in applications from Russian applicants, and in applications under the procedures of the Madrid Agreement or Protocol thereto of 2.7 per cent.
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The following pages of the Office’s websites contain:
• the Office Annual Report – Rospatent Annual Reports section:
http://www.rupto.ru/about/sod/otchety.html;
• Links section:
http://www.rupto.ru/ssilki/ssilki.htm;
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/link_resources/;
• Rospatent News: http://www.rupto.ru/news/news.htm;
FIPS News: http://www1.fips.ru/wps/wcm/connect/content_ru/ru/news/;
• Information notices in the Trademarks, Service Marks and Appellations of Origin section:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/brands_and_points/.
II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes
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All information on trademarks, service marks, appellations of origin and certificates for the right to use an appellation of origin were published in the Rospatent Trademarks, Service Marks and Appellations of Origin Official Gazette on electronic carrier with search system.
Rospatent publications on trademarks are presented in Table 2.
The Trademarks, Service Marks and Appellations of Origin Official Gazette on electronic carrier with search system and corresponding paper publication are distributed on subscription. The two most recent Gazettes are available on the Rospatent website.
Retrospective sets of Trademarks on DVD.
Information-search system, the International Classification of Goods and Services (Nice Classification), tenth edition, 2013 version (ICGS 10-2013), on CD.
The International Classification of Goods and Services for the registration of trademarks, tenth edition, in Russian, English and French, on paper.
Additions and amendments to the International Classification of Goods and Services 2013 version (ICGS 10-2013), on paper.
Access is provided online to the texts of international classifications (website section: Information Resources/International Classifications):
The International Classification of Goods and Services (ICGS tenth edition);
The International Classification of Goods and Services (ICGS seventh, eighth and ninth editions);
Access is provided online to new information publications facilitating trademark classification and searching:
The International Classification of the Figurative Elements of Marks (Vienna Classification) in Russian, seventh edition;
The Lexical and Semantic Identifier of Goods and Services (LEXINTU) in Russian, fourth edition, on paper;
The Lexicographical Information Gazette of Goods and Services, LEXINFORM, in Russian;
Additions and amendments to the International Classification of Goods and Services for the 2013 version (ICGS 10-2013), on paper.
RU-ATR-Trademarks2012-Publishing-printing-copying
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The forms of notifications on trademarks published in the Rospatent Trademarks, Service Marks and Appellations of Origin Official Gazettes are listed below:
- extension of the term of validity of a trademark registration;
- change in the denomination, first name, surname or patronymic of a rights owner and/or place of business or residence;
- change of correspondence address;
- reduction of the list of goods and/or services for which a trademark is registered, for the information of the rights owner;
- change to the individual elements of a trademark, which do not alter its essential features;
- State registration of an agreement on alienation of the exclusive right in a trademark for all goods and/or services;
- State registration of an agreement on alienation of the exclusive right in a trademark for part of the goods and/or services;
- registration of a licensing agreement;
- changes (additions) to a licensing agreement;
- termination (premature) of a licensing agreement;
- registration of a sub-licensing agreement;
- changes (additions) to a sub-licensing agreement;
- termination (premature) of a sub-licensing agreement;
- registration of a commercial concession agreement;
- changes (additions) to a commercial concession agreement;
- termination (premature) of a commercial concession agreement;
- registration of a commercial sub-concession agreement;
- termination (premature) of a commercial sub-concession agreement;
- changes (additions) to a commercial sub-concession agreement;
- replacement of a national registration with an international registration;
- replacement of a national registration with an international registration for individual classes;
- recognition as completely invalid of the grant of legal protection for a trademark;
- recognition as partially invalid of the grant of legal protection for a trademark;
- premature termination of legal protection of a trademark, partially;
- premature termination of legal protection of a trademark, fully;
- cancellation of a decision to terminate legal protection of a trademark;
- recognition as invalid of a registration number;
- issue of a duplicate trademark certificate;
- division of an individual trademark registration;
- change to the list of persons having the right to use a collective mark;
- State registration of the transfer of the exclusive right in a trademark without agreement;
- State registration of a pledge (subsequent pledge) agreement;
- State registration of changes entered into a registered agreement;
- State registration of termination of a registered agreement;
- other changes relating to a trademark registration;
- correction of obvious and technical errors in Gazette publications.
URLs of web pages of the Office’s website that provide access to online trademark gazettes and to other sources of trademark information, including download of bulk trademark data
The web page addresses of the Office’s websites providing information concerning Office publications:
• the Administrative Regulations for performance by the Federal Service for Intellectual Property, Patents and Trademarks of State functions relating to the keeping of registers of registered intellectual property subject matter, publication of information on registered intellectual property subject matter, applications filed and patents and certificates granted therefor, on the validity, termination and renewal of validity of legal protection in relation to intellectual property subject matter, the transfer of rights in protectable subject matter, and the official registration of intellectual property subject matter:
http://www.rupto.ru/norm_doc/sod/prikaz/minobrnauka/346_07/Po_vedeniyu_reestrov_zaregistrirovannih_obektov.htm#1;
• Regulations on official publications of the Federal Service for Intellectual Property, Patents and Trademarks in the Patent Information Products section:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/publishing_activities/publication_act;
• Prospectus of publications and databases in the Patent Information Products section:
http://www.fips.ru/SiteDocs/prospekt_2013.pdf.
The addresses of web pages of the Office’s site providing access to online publications:
• Trademarks, Service Marks and Appellations of Origin in the Electronic Gazettes section:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/electron_bulletins/brands_and_points/;
• in the Information Resources section, International Classification for Goods and Services:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/international_classification/trade_marks/ subsection;
and Open Registers of Russian Patent Documents:
http://www1.fips.ru/wps/portal/Registers/.
From the above page, a user may refer to the following resources by means of the appropriate link:
Register of Trademarks and Service Marks of the Russian Federation
Register of Appellations of Origin of the Russian Federation
Register of Trademarks Well Known in the Russian Federation
Register of International Trademarks
Register of Russian Federation Trademark and Service Mark Registration Applications
Register of Applications for the Registration of Appellations of Origin of the Russian Federation
III. Matters concerning classifying, reclassifying and indexing of trademark information
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In accordance with the amendments to the sixth edition of the International Classification of the Figurative Elements of Marks (Vienna Classification), approved in 2011 by the WIPO Committee of Experts, work was carried out in FIPS Rospatent to translate the amendments into Russian and prepare a seventh edition of the classification in Russian.
The functions of examination and the granting of Russian Federation certificates for trademarks are performed in accordance with the International Classification of Goods and Services for the Purposes of the Registration of Marks (ICGS), established by the Nice Agreement. The figurative elements of trademarks are classified by the Office according to a classification based on the International (Vienna) Classification of Figurative Elements of Marks.
In 2012, Rospatent continued work to prepare a Russian version of the amendments to the tenth edition of ICGS (ICGS-10) using the working materials and decisions of the Committee of Experts of the International Bureau of WIPO 2012 and the inclusion of these changes in the main text of ICGS 10-2013, which enters into force on January 1, 2013. Materials were translated and their conceptualization was revised with consideration of the specific linguistic features of the terms. In particular, possible versions for translation into Russian were provided for individual goods and services (with English and/or French names), where needed.
Work was carried out in 2012 to prepare a Russian version of the most recent seventh edition of the International (Vienna) Classification of Figurative Elements of Marks with entry into force on January 1, 2013.
The code translator for the seventh edition of the Vienna Classification is being developed and prepared for implementation in the language of the linguistic system for automated searches of similarities in the figurative elements of marks, SILOIZ. This allows the automatic reclassification of the entire array of trademarks with figurative elements and automatic assignment of codes for figurative elements of marks under the seventh edition of the Vienna Classification at the start of 2013. Thus, for the purposes of examination, the option will be provided of viewing the results of automated searches for similarities in the SILOIZ system and a selection of marks under two different classifications: the manual classification under the previous edition and the automatic classification under the seventh edition.
The recommendations of WIPO Standard ST.66 are used for indexing bibliographic data.
It should also be noted that the trademarks division participated in activities to improve the International Classification of Goods and Services for the registration of marks (Nice Classification), with the aim of establishing conditions for the use of the new WIPO standards in FIPS and improved international classifications for industrial property based on the development of information technology, for example:
- participation in the Committee of Experts of the Nice Union in April 2012 in Geneva;
- participation in the work of translating terms used in ICGS into Russian;
- participation in the work of performing research and supplementing Rospatent databases of names of goods and services and the following databases of names of goods and services:
1) ICGS-10 in English, French, Spanish and Russian (partial);
2) the USPTO database, in English;
3)the database of the Office for Harmonization in the Internal Market (OHIM) of the European Union, in all the languages of the European Union;
4)the Trilateral database of the Trilateral Offices in English, French and Spanish;
5)the GS Manager database (Goods and Services Manager), in English, French, Spanish and Russian.
The Trademarks and Registration Division participates in the regulatory and method-related settlement of issues in the consideration of applications for registration of non-traditional trademarks and the publication of corresponding information. Moreover, information received through Rospatent’s involvement in the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications is widely used.
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 accuracy of the classification of goods and services indicated in a trademark registration application is verified against the electronic version of the tenth edition of ICGS. Based on the results of scientific research determining the need to form a base of names of goods and services, the following lexical and semantic information materials have been developed and put together as completed systems:
LEXINTU (a lexical and semantic identifier of names of goods and services)
LEXINFORM (lexicographical information gazette of goods and services)
LEXINTU is intended for use in the preparation of lists of goods and services for trademarks/service marks. The structure of LEXINTU presents a categorization hierarchy of marks for goods/services within classes, forming groups of goods/services by type. This allows a selection of goods/services within a class to be presented in a more detailed, structured manner.
In 2012, as part of the preparation of the tenth edition of ICGS (10-2013), the terms in LEXINTU were revised and also translated, and amendments and corrections were made to the groups arranged by type for the four-language version of LEXINTU (in Russian, French, English and Spanish). This is intended, in the long term, for the automation of searches for goods/services presented in trademark registration applications.
The LEXINTU and LEXINFORM periodicals provide examiners with the timely receipt of information on all lexical changes to the names of goods and services, which assists in the objective evaluation of the similarity of goods and services during the examination of a specific trademark.
A four-language version of LEXINTU is also being created (in Russian, French, English and Spanish), which is planned for inclusion in the automated information-search system for trademark examination.
Continuous monitoring of the emergence on the market of new goods and services allows the search base to be updated for operational purposes, taking into account all linguistic changes in the names of goods and services.
Obligation for applicants to use pre-defined terms of the classification applied
For the uniform evaluation of the scope of the rights of registered trademarks when describing goods/services, applicants are advised to avoid using undefined or general expressions, and to make use of the terminology in the version of ICGS in force.
For the correct classification of each specific good or service, applicants are advised to use the actual lists of goods and services, and the explanations for each class respectively. This is because the class headings generally only show the fields to which the goods and services may relate in principle, and do not contain the names of actual goods or services.
However, applicants are not obliged to restrict themselves to the terms indicated in ICGS or LEXINTU alone.
Bibliographic data and processing
Descriptions of State services offered by Rospatent in the field of trademark information are available on the State Services Portal (PGU):
• keeping registers of intellectual property subject matters and publishing information thereon;
• organizing the consideration of applications for State registration of trademarks, service marks, requests for recognition of a trademark or designation used as a trademark but not in receipt of legal protection in the Russian Federation, trademarks well known in the Russian Federation, and the registration and grant of Russian Federation certificates;
• organizing the consideration of applications for appellations of origin, and the registration and grant of Russian Federation certificates;
• recognition of an invalid grant or premature termination of the validity of legal protection for a trademark, service mark or appellation of origin, recognition of invalidity and premature termination of certificates for the right to use an appellation of origin;
• extending the term of and restoring patents;
• considering communications from Russian Federation citizens;
• registering agreements on the granting of rights in inventions, utility models, industrial designs, trademarks, service marks, protectable computer programs, databases and topographies of integrated circuits; commercial concession agreements on the use of intellectual property subject matter that is protected in conformity with the patent legislation of the Russian Federation;
• registering deals on the transfer abroad of single technologies.
All services offer the required forms for applications, and information on how to access services. It is possible to file applications for the grant of a Russian Federation (RF) patent for an invention, utility model or industrial design, as well as for State registration of a trademark or appellation of origin, and for recognition of a trademark as well known in the Russian Federation through the State Services Portal.
In 2012, the system for electronic document flow and monitoring the execution of instructions (SEDKP) was put into operation, allowing the registration, recording and monitoring of the execution of management instructions and consideration of communications from the public.
IV. Trademark manual search file establishment and upkeep
For searches of verbal and figurative elements of trademarks, an automated search subsystem is used, RF TZ. A search takes place in three stages (i.e. offline): preparation of the trademark search model and search instruction; launch of the search instructions on the server; and review of the search results by an examiner.
In Rospatent, a database of published trademarks is used – Trademarks of Russia – on CD-ROM optical disks with MIMOSA V6 information-search system.
In 2007, work was completed on the development of new software for working with the tenth edition of ICGS, which is integrated into the automated trademark search system, TM-EXAM-SEARCH (TMES) – part of TM-ADMIN, the electronic trademark document flow system. The software allows lists of goods and services to be processed in two ways: collectively and individually. This links goods and services in trademark applications/registrations with ICGS terminology, thereby allowing future searches to produce more accurate results.
At the end of 2012, the search array used to search for trademarks with similar verbal and figurative elements contained all marks that had been registered or filed for registration under national or international procedures in the Russian Federation, as well as all the applications and registrations for all appellations of origin received by Rospatent.
The search databases are supplemented, renewed and updated with all marks received by Rospatent.
The verbal elements of each designation are transliterated and indexed for the occurrence of marks that have phonetic, semantic and visual similarities. On the basis of the reviewed RF TZ automated system database, information is provided for both examination and external users.
Formalized linguistic descriptions of figurative elements for all figurative marks received by Rospatent are in SILOIZ, in a form that allows automated searching for similar figurative elements of marks. On the basis of the reviewed SILOIZ database, information is provided for both examination and external users.
V. Activities in the field of computerized trademark search systems
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Using the RF TZ automated system, which was introduced to FIPS Rospatent in 1989 and is updated on a continual basis, to search for similar verbal elements of marks, examiners are presented with the results of automated searches for analysis and a selection of linked trademarks when producing examination reports.
The SILOIZ system of linguistic descriptions of figurative elements, introduced to FIPS Rospatent in 2006, is designed to search for similarities in the figurative elements of marks from their verbal descriptions, as well as the previous Russian translation of the International Classification of the Figurative Elements of Trademarks (Vienna Classification, seventh edition). With its assistance, at the beginning of 2013, the entire array of figurative marks registered under national and international registration procedures and valid in the Russian Federation will be automatically reclassified.
Thus, for the examination of trademarks’ similarities in the figurative elements, an additional possibility will be provided to search both the codes of the seventh edition of the Vienna Classification, and the SILOIZ system of linguistic descriptions of figurative elements.
The Rospatent in-house trademark databases are:
a database of Russian trademarks (contains information on 402,000 Russian trademark certificates from 1925 to 2012 inclusive, updated daily);
a database of international trademarks with the indication Russia for subscribers to the trademarks database (contains information on 243,000 international trademarks with the indication Russia from 1980 to 2012, updated weekly);
a database of appellations of origin for subscribers to the trademarks database (contains information on 127 appellations of origin and 298 certificates for the right to use them from 1992 to 2012, updated daily);
a database of trademarks well known in Russia (contains information on 124 well-known marks from 2001 to 2012, updated daily);
the ICGS database.
In 2012, internal and external users made more than 4,918,000 requests through the information-search system available on the FIPS website; 12 per cent of the overall number of requests related to the databases of trademarks and appellations of origin.
In 2012, internal and external users of the registers on the Rospatent website made approximately 24,047,000 requests; 50 per cent of the overall number of requests related to the registers of trademarks and appellations of origin.
On the Rospatent and FIPS website access is provided to:
- a database of trademark applications filed from 2005 to 2012 containing information on the prosecution of applications filed from 2008 to 2012, updated daily;
- a database of applications to register appellations of origin filed from 2005 to 2012 containing information on the prosecution of applications filed from 2008 to 2012, updated daily.
Through the TM-ADMIN system, examiners are provided with access to documemnts on the electronic processing of applications, including primary application materials, documents related to application correspondence and structured data.
External databases
Examiners use external databases that are freely accessible online from WIPO and INN.
External databases are also used during examination:
• Madrid Express (http://www.wipo.int/ipdl/en/search/madrid/search-struct.jsp);
• Romarin (http://www.wipo.int/romarin/).
Administrative management systems (e.g., register, legal status, statistics and administrative support)
At the Office, the following document prosecution systems are used for information on trademarks:
• RF TZ automated system for prosecuting applications for trademarks and appellations of origin;
• the Agreements integrated and automated system for prosecuting agreements on forms of intellectual property subject matter that come under the Office’s mandate, including trademarks;
• the Amendments to Trademark Registrations automated system for the prosecution of requests received following registration of a trademark (e.g. extension, change of owner or termination of validity);
• the Prosecutions of International Registrations automated system;
• TM-ADMIN, the electronic document flow system for registering and handling documents, including scanning, recognition and data entry procedures, document consideration processes, and preparing and sending outgoing correspondence;
• KPS RTZ system, intended to create an applicants’ area and maintain the processes for exchanging electronic documents between applicants and the Office, including primary application materials. It functions using a means of cryptography and electronic, digital signatures, and is integrated into the hardware and software environment of the automated system for paperless prosecution of trademark applications, TM-ADMIN;
• the Madrid 2007 automated system, for prosecuting international trademark registrations;
• the electronic exchange of data with WIPO on the international registration of trademarks is carried out on the basis of MECA technology and WIPO Standard ST.66. Decisions on preliminary and final refusal are sent to WIPO electronically;
• the Electronic State Register of RF Trademarks and Service Marks, the State Register of RF Appellations of Origin, and the electronic list of trademarks well known in the Russian Federation (EGR). Each entry in EGR is signed with the electronic, digital signature of the inputter, which allows the signatory to be identified and his/her authority to be verified at the time of signing;
• the integrated Fees accounting system, establishing the use of electronic payment documents received from the Russian Treasury, and allowing the recording of fees for legally significant acts relating to applications for trademarks and appellations of origin.
In 2013 it is planned to migrate to the new version of the Agreements automated system, offering paperless prosecution, electronic State services (integrated into the State Services Portal) and integration into the Electronic State Register (EGR).
The Agreements automated system is designed to support the prosecution of agreements on transferring rights in intellectual property subject matter, providing for the entire cycle of work: registration, categorizing incoming correspondence, storing the current status of applications, revisers’ corrections, preparing and dispatching outgoing correspondence, bookkeeping, integration with other systems and entry of information on the registration of agreements in EGR (Trademarks).
A system will be developed in 2013 to support the prosecution of entering amendments to registered trademarks and appellations of origin, the Prosecution of Trademark Registration automated system. It is planned to offer the possibility to automatically perform checks and process applications for an extension of validity of an exclusive right to a trademark that are filed through the State Services Portal.
In 2012 the new version of the Madrid automated system was developed, which will provide paperless processing and electronic State services for international applications and international registrations, as well as support for the entire cycle of work for registration: classification of incoming correspondence on international applications and registrations, storing the current status of international applications and registrations, bookkeeping and integration with other systems. The system will be introduced in 2013.
Equipment used (hardware, including the types of terminal and network used, and software), carriers used
Equipment used:
PrimePower 1500 server
(OM – 32GB, processors –10, external memory – 14 TB)
HP DL380 server – 24 units
(OM – 4GB, processors - 2, external memory – 200 GB)
HP DL580 server – 8 units
(OM – 16GB, processors - 4, external memory - 600 GB)
HP P4, Fujitsu-Siemens workstations - 635 units
Software:
Solaris, Windows 2000 Server, Windows XP,
Windows 2003 Server, Windows 2008 Server operating systems.
Carriers used:
Ultrium magnetic tapes.
VI. Administration of trademark information products and 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)
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The trademarks collection is intended for examiners and other categories of users. Information on trademarks is provided on a fee-free basis to third party users at VPTB.
The Library premises are equipped with an alarm system and an automatic fire-fighting system.
Collection management, preservation
The VPTB trademarks collection, on both paper carrier and optical disks, includes:
- Rospatent Official Gazettes;
- patent gazettes from foreign countries and international organizations, both special gazettes and ordinary gazettes on industrial property with sections dedicated to trademarks;
- databases containing information on trademarks of foreign countries and international organizations.
The collections, on both paper and electronic carriers, are organized along geographical-systematic-numerical lines.
In 2012, the issue of trademark gazettes from all countries came to over 13,700 items on paper carrier, while users viewed over 21,600 items on optical disks.
The trademarks collection includes books and periodicals on a broad range of theoretical and practical matters of intellectual property protection in Russia and other countries. The collection is available on electronic and paper carriers and contains different types of information sources: national and international law, commentaries and reviews, methodology recommendations, training aids, standards, patent office reports, conference and seminar materials, compilations of court decisions and collections of statistics, etc.
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)
In 2012, users were presented with the Trademarks, Service Marks and Appellations of Origin Official Gazette on CD/DVD on subscription, with a frequency of 24 issues per year. Alongside the Official Gazette on disks, the paper Gazette was published.
For new subscribers, and also for the purposes of keeping patent collections up to date, the series of the Trademarks, Service Marks and Appellations of Origin Official Gazette published in previous years (2009-2011) were offered on CD/DVD.
In addition, in 2012 users were offered sets of information on trademarks for 2005 to 2011 on one DVD for each year, as well as a retrospective array of information on trademarks for 1991 to 2004 on one DVD.
Users were also offered the publication International Classification of Goods and Services (tenth edition) (ICGS-10) on CD and paper carrier, and the International Classification of the Figurative Elements of Marks (Vienna Classification, sixth edition) on paper.
In 2012, the fourth edition of reference publication the Lexical and Semantic Identifier of Goods and Services (LEXINTU) was distributed in Russian on paper. It supplements the periodical Lexicographical Information Gazette of Goods and Services.
All products on optical disks were distributed along with MIMOSA information-search system software, which provides searching of bibliographic data, ICGS indexes, the verbal elements of marks and also combinations thereof.
An analog of the Trademarks, Service Marks and Appellations of Origin Official Gazette was published on the FIPS Internet site, and registers continued to be kept of Russian trademarks and service marks, appellations of origin, trademarks well known in Russia, applications for Russian trademarks and service marks, and international trademarks with the indication Russia and an indication of their legal status.
Aside from that, users are provided with free access to information on applications to register Russian Federation trademarks and service marks received after January 1, 2005.
On the basis of official information relating to trademarks, thematic databases are prepared for users on special request.
Third party users are given the possibility, on presentation of a verbal designation, of placing orders and receiving reports of the results of searches for trademark similarities in the automated verbal search system RF TZ.
Third party users are given the possibility, on presentation of a designation of a figurative element, of placing orders and receiving reports of the results of searches for similarities in trademarks using the SILOIZ system of linguistic descriptions of figurative elements.
In 2012, third party users received the results of automated searches for similarities:
- of the verbal elements of marks: 8,037 searches
- of figurative elements: 1,257 searches.
In accordance with existing standards, such work is performed for a range of organizations free of charge.
In 2012 the Rospatent website provided online access to:
registers of Russian trademarks;
registers of appellations of origin;
registers of trademarks well known in Russia;
registers of trademark applications filed from 2005 to 2012;
registers of applications to register appellations of origin filed from 2005 to 2012;
registers of international trademarks with the indication Russia from 1980 to 2012;
the Trademarks, Service Marks and Appellations of Origin Official Gazettes published in the last month.
Rospatent registers of Russian patent documents contain the following databases:
a database of Russian trademarks (contains information on 402,000 Russian trademark certificates from 1925 to 2012 inclusive, updated daily);
a database of appellations of origin (contains information on 127 appellations of origin and 298 certificates for the right to use them from 1992 to 2012 inclusive, updated daily);
a database of trademarks well known in Russia (contains information on 124 marks from 2001 to 2012, updated daily);
a database of international trademarks with the indication Russia (contains information on 243,000 international trademarks with the indication Russia from 1980 to 2012, updated daily);
a database of trademark applications (contains information on 323,000 applications from 2005 to 2012, updated daily);
a database of applications to register appellations of origin (contains information on 236 marks from 2005 to 2012, updated daily).
On the FIPS website users are provided with access to:
the information-search system;
registers of Russian trademarks;
registers of appellations of origin;
registers of trademarks well known in Russia;
registers of applications for trademarks filed from 2005 to 2012;
registers of applications to register appellations of origin;
registers of international trademarks with the indication Russia from 1980 to 2012;
Trademarks, Service Marks and Appellations of Origin Official Gazettes published in the last month.
Users’ work with the information-search system
Examiners are able to work with all databases: trademarks, appellations of origin, trademarks well known in Russia and international trademarks with the indication Russia.
Third party users’ access to all databases is provided on a contractual basis.
Free access to trademarks, appellations of origin, trademarks well known in Russia and international trademarks databases is granted to:
5 organizations of the Federal Customs Service;
84 organizations of the Federal Service of Court Bailiffs;
170 organizations of the Ministry of Internal Affairs;
11 organizations of the Federal Anti-monopoly Service;
16 organizations of the Ministry of Defense;
101 organizations of the taxation service.
Third party users are provided free of charge with:
- a database containing documents published in the two most recent Trademarks, Service Marks and Appellations of Origin Gazettes;
- the ICGS database.
On the FIPS website, users can access information about the legal status of trademarks that is updated daily.
Moreover, in the open registers of trademark registration applications, information on the stage of prosecution of applications is provided, which is updated daily. Data on statuses are mainly created on the basis of the RF TZ automated prosecution system data.
Information on the legal status of trademarks is published in the Trademarks, Service Marks and Appellations of Origin Official Gazette (on CD/DVD), in the paper Gazette, and on the Rospatent website:
- information on the State registration of trademarks;
- information on amendments introduced into the entries of the State Register of Russian Federation Trademarks (Notifications section of the Gazette).
URLs of web pages of the Office's website for electronic filing of trademark applications
In 2012 VPTB carried out a consultation on performing searches on trademarks and organized a thematic meeting with leading specialists from FIPS on the execution of applications filed on paper and electronically.
The web page addresses of Office websites providing information on filing applications:
- Rules for compiling, filing and considering trademark and service mark registration applications:
http://www.rupto.ru/rupto/portal/c59b120c-3095-11e1-351c-9c8e9921fb2c;
- Administrative regulations for the performance by the Federal Service for Intellectual Property, Patents and Trademarks of State functions relating to the organization of the receipt of applications for registration and grant of the right to use an appellation of origin or an application for the grant of a right to use an already registered appellation of origin, consideration and examination thereof, and grant in accordance with established procedure of Russian Federation certificates:
http://www.rupto.ru/rupto/portal/f5313a55-1772-11e1-bad7-9c8e9921fb2c#1;
- Model Applications and Declarations and Examples of Completed Forms heading, in the section Тrademarks, Service Marks and Appellations of Origin:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/brands_and_points/obr_zz section;
- In the Electronic Services for Applicants section, Electronic Filing of Applications for Trademark and Service Mark Registration heading:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/el_zayav/;
- Fees section:
http://www.rupto.ru/rupto/portal/4b2be45c-fe19-11e0-77a5-8e000200001f;
- Patent and Other Fees subsection:
http://www.rupto.ru/rupto/portal/0083cb94-2c92-11e1-dd3a-9c8e9921fb2c;
URLs of web pages of the Office’s website that provide a description of information products and services offered by the Office (e.g., trademark search service(s) and trademark databases), as well as information on how to access and utilize them
The web page addresses of the Office site providing guidance on the information products and services available from the Office:
• information on subscribing to patent information products – in the Patent Information Products section, Catalog of publications and databases:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/publishing_activities/;
How to Access Publications and Databases subsection:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/publishing_activities/porayad_pr/;
• the conditions of access to information about trademarks on the FIPS website – in the Information Resources section, Services:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/article_6/;
Databases:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/inform_retrieval_system/article_2/;
and Open Registers:
http://www1.fips.ru/wps/portal/Registers/ subsections;
Тrademarks, Service Marks and Appellations of Origin in the Electronic Gazettes section:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/electron_bulletins/brands_and_points/;
• information on how to access and use resources – in the Information-Search System section, Support:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/inform_retrieval_system/article_4/;
and Instructions:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/inform_resources/inform_retrieval_system/article_1a/ subsections.
VII. Matters concerning mutual exchange of trademark documentation and information
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As part of international exchange in 2012, 51 annual sets of Rospatent Trademarks, Service Marks and Appellations of Origin Official Gazettes on optical disks were sent to 45 other countries and four organizations.
The VPTB Division received information on trademarks, in the form of both special Gazettes and sections from ordinary Gazettes on industrial property, from 45 countries and one international organization.
In 2012, 1,452 copies of Gazettes featuring trademarks were received from the United States of America, Japan, the Republic of Korea, Germany and other countries on all kinds of carriers: 36 copies on paper carrier (24 stand alone Gazettes and 12 sections); 255 copies on optical disks (101 stand alone Gazettes and 154 sections); 1,161 copies downloaded from the Internet (862 stand alone Gazettes and 299 sections).
Exchange of machine-readable information
In accordance with the current Memorandum of Understanding between Rospatent and the International Bureau of WIPO, concerning the transfer of documents using telecommunications in conformity with the Madrid system, signed on February 1, 2011, in Geneva, between Rospatent and WIPO, the following data are exchanged electronically:
1. To Rospatent: information on international registrations and amendments thereto.
2. From Rospatent: information on international applications and international registration decisions.
The contents of published data on registered trademarks and amendments to registrations are determined by the Regulations on official publications of the Federal Service for Intellectual Property, Patents and Trademarks.
Trademarks, Service Marks and Appellations of Origin Official Gazette on electronic carrier with search system is a periodical that is published twice a month. It includes the following sections:
- Official communications;
- Trademarks and Service Marks. Comprises published information: bibliographic data, image of a trademark or service mark, or other means of its representation, list of goods and/or services;
- Notifications.
In 2012, the Russian translation for terms in the WIPO database GS Manager was transmitted to WIPO.
VIII. Matters concerning education and training, including technical assistance to developing countries (please indicate URLs of web pages of the Office’s website wherever appropriate)
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In 2012, FIPS employees took part in a range of seminars and conferences held in Russia, including those organized and/or held with the support of WIPO:
April 25 and 26, 2012. In Chelyabinsk, at the South Ural Chamber of Commerce and Industry (TPP), an international seminar organized jointly by WIPO and the TPP of Russia was held, “Strategic Use of Trademarks in Business Development and the Madrid System for the International Registration of Marks”, in which one employee of FIPS participated.
June 13 and 14, 2012. In Nizhny Novgorod an international seminar organized jointly by WIPO, the TPP of Russia and the TPP of Nizhegorodskaya Region was held, “Contemporary Issues in the Legal Protection and Defense of Copyright and Related Rights. Possibilities for Business Development presented by the Madrid System for the International Registration of Marks”, in which one FIPS employee took part.
June 20 and 21, 2012. In Irkutsk, at Irkutsk State University of means of Communication (IrGUPS), an international practical research conference was held, “The Legal Protection of Intellectual Property in Russia and the United States of America”, that considered the issues presented by legal protection and disposal of exclusive rights to the results of intellectual activity and means of individualization in the Russian Federation, and also how to become the owner of a patent or trademark that is protected in the United States of America. The conference was organized by Rospatent, FIPS, the United States Patent and Trademark Office (USPTO) and IrGUPS. More than 55 persons from four regions of Russia took part in the conference, including five specialists from FIPS and two specialists from USPTO.
September 25 and 26, 2012. In Ekaterinburg, at Ural Federal University, an international practical research conference was held, “Intellectual Property Protection in the Context of Contemporary Economic Risk”, which focused on the development and use of the Madrid System for the International Registration of Marks in the Russian Federation and contemporary issues in the consideration of trademark applications in Russia and the United States of America. The conference was organized by Rospatent, FIPS, USPTO and Ural Federal University. Over 100 specialists from eight regions of Russia attended the conference, including one Rospatent staff member, two specialists from FIPS and two specialists from USPTO.
From 20 to 23 March, 2012, in Yubileynyy, at the 15th Moscow International Exhibition of Inventions and Innovation Technologies, Archimedes 2012, the competition program, in which representatives from 46 regions of Russia and 18 other countries participated, included the International Moscow Exhibition competition for trademarks and brand names “Trademark Leader”. As is traditional, Rospatent and FIPS organized the exhibition.
From 22 to 24 October, 2012, Rospatent participated in the organization of the first Anti-Counterfeiting 2012 International Forum, which took place in Krasnogorsk, Moscow Region. The main themes of Anti-Counterfeiting 2012 were intellectual property protection and combating the trade in counterfeit, fake and substandard products.
Rospatent participated as an observer in the sixth session of the Committee of Experts of the Vienna Union, held in Geneva, from November 19 to 21, 2011. At the time of writing, the seventh edition of the Vienna Classification – adopted during the sixth session – has been translated into Russian, and its publication in Russian is planned for the beginning of 2013.
In 2011 work began, and continued in 2012, under a number of Agreements on the analysis and expansion of Rospatent databases of trade names and services, with the following databases of trade names and services:
- ICGS-10 in English, French, Spanish and Russian (partial);
- the USPTO database, in English;
- the database of the Office for Harmonization in the Internal Market (OHIM) of the European Union, in all the languages of the European Union;
- the Trilateral database of the Trilateral Offices in English, French and Spanish;
- the GS Manager database (Goods and Services Manager), in English, French, Spanish and Russian.
In January 2012, under the International Project “Establishing a Network of Technology and Innovation Support Centers”, representatives of VPTB received training in Geneva (Switzerland) in order to learn from the experience of WIPO.
As part of the international project, VPTB employees also took part in two training seminars in the Russian regions in 2012.
Based on the first experience of the work of the relevant division of FIPS (VPTB), a new heading was introduced to the section “International Project to Establish a Network of Technology and Innovation Support Centers” on the Rospatent website, entitled “Information Resources for TISCs”, containing links to resources on the Rospatent and WIPO websites.
An annotated list of WIPO publications on the basics of intellectual property protection (in Russian) providing links to the full text of documents available on the WIPO website (24 titles) has been prepared and placed on the website in the TISC section, under the heading “Information Resources for TISCs.” This information product is intended to be used for the promotion and enhancement of intellectual property knowledge. The list is updated quarterly.
The bibliographic index “Foreign Patent Information Management Systems: publications in Russian and other languages” (241 titles) on other countries’ experiences of establishing TISCs has also been prepared and placed in the TISC section of the website.
Training courses for national and foreign participants
Training for Rospatent State employees
In 2012, under the program for continuous professional development in State educational institutions, 15 Rospatent State employees received training: 15 received trained at academies on “State anti-corruption policy” (execution of the Order of the President of the Russian Federation No. 460 of April 13, 2010, on the National Anti-corruption Strategy and National Anti-corruption Plan for the years 2010 to 2011); three received training on “State foreign policy” (in accordance with the Foreign Policy Concept approved by the President of the Russian Federation on July 12, 2008, No. Pr-1440); and six received training in other fields.
Training and professional development for FIPS specialists
At FIPS, professional development for employees is organized under the Common Training System (ESO), according to the principle of continuous training from the time of hiring. Both internal and external training methods are used. In order to ensure that the examination of intellectual property applications and the protection titles granted are high quality, great attention is focused on enhancing the skills of both new and experienced examiners. In order for new examiners to acquire the professional skills and knowledge for the high quality and sustainable achievement of set targets, a mentoring system has been set up at FIPS, which assigns each new examiner a mentor.
Every year, in accordance with the quarterly plans for in-house training, approximately 550 training sessions are held in the subdivisions of FIPS. They mostly focus on studying newly released regulatory documents, issues in the performance of examinations, and analyzing the results of internal and external examination quality control and practical law enforcement. The management of each subdivision conducts the sessions. This year, six centralized sessions on contemporary issues in practical law enforcement were held for the managers of the structural subdivisions, as well as staff examiners, research staff and other leading FIPS specialists.
In connection with the requirements of Federal Act No. 210-FZ of July 27, 2010, on organizing the provision of State and municipal services, and with respect to the payment of fees, changes to information for applicants and use of the common system for inter-office information exchange with federal executive bodies, in particular the Federal Treasury and the Russian Federal Taxation Service (FNS), training is held regularly at FIPS for staff whose skills are related to work in this field. Training on cooperation with the Federal Treasury that was aimed at checking the accounting of fees was held for 30 employees.
Training for staff examiners on how to use the Rospatent in-house search system, PatSearch, is held on a continual basis. Details on matters relating to training for examiners in the use of different search systems and databases are provided in section 3(c) of the present report.
As part of the exchange of experience with patent offices in other countries, three training seminars on familiarity with the law enforcement practices of other patent offices (Office for Harmonization in the Internal Market, CAS corporation and USPTO) were held at Rospatent for staff examiners, and administrative and managerial staff from FIPS. The seminars were attended by 153 specialists.
Organization of professional development for specialists at educational institutions
In 2012, 28 new FIPS examiners followed a professional development program lasting 220 academic hours on the examination of inventions and utility models.
Six FIPS employees continued postgraduate study at the Russian State Academy of Intellectual Property (RGAIS): one special admission, four at their own initiative and one as a doctoral candidate.
In 2012, four employees followed the advanced professional education program at RGAIS.
Issues related to trademark information were considered at seven conferences, seminars and roundtables on intellectual property organized by Rospatent that took place in four regions of Russia in 2012.
Under the framework of participation in international and regional activities and projects related to trademark information, employees of the trademarks division participated in the following events:
- regional seminars on the development of the Madrid System for the International Registration of Marks organized jointly by WIPO and FIPS that took place in the Russian towns of Chelyabinsk and Nizhny Novgorod;
- participation from February 13, 2012, to February 13, 2013, in the WIPO program for exchanging specialists under the Madrid System (secondment to WIPO headquarters in Geneva for one year);
- participation in the Intellectual Property – Trademarks training program organized jointly by WIPO and the Norwegian Industrial Property Office, which took place from 10 to 14 September, 2012, in Oslo.
As part of the bilateral exchange of experience with WIPO, on December 3, 2012, a meeting was held with a delegation from WIPO.
A WIPO examiner visited the trademarks division for training from 3 to 5 December, 2012.
These activities were intended to improve mutual understanding of the procedures and practices for performing examinations in intellectual property offices; studying the use of tools and means of performing examinations, increasing mutual confidence in the results of the offices’ work and the mutual use of search results and examination in the field of trademarks.
Assistance to developing countries (sending consultants and experts, receiving trainees from developing countries, etc.)
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Internet publications of the All-Russian Patent Technology Library Division are presented on the FIPS website in the State Patent Collection and VPTB Information Products sections:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/fonds/.
On the Rospatent site, in the Rospatent and Regions section, the following online publications are published:
• method-related materials and reviews on protection and enforcement of the results of intellectual activity to assist small and medium-sized enterprises:
http://www1.fips.ru/wps/wcm/connect/content_ru/ru/regions/mp;
In the Regulatory Documents section, the following methodology recommendations can be found on various examination and prosecution issues:
• Recommendations on the application of provisions of the Civil Code of the Russian Federation relating to a patent owner's consent to registration of a similar trademark, approved by order of Rospatent No. 190 of December 30, 2009:
http://www.rupto.ru/norm_doc/sod/metod_rek/rec_gk4.pdf;
• Guidelines on determining the similarity of goods and services when examining applications for the State registration of trademarks and service marks, approved by order of Rospatent No. 198 of December 31, 2009;
http://www.rupto.ru/norm_doc/sod/metod_rek/met_rec_tm.pdf;
• Recommendations on individual matters concerning examination of designations representing labels and polygraphic packaging, approved by order of Rospatent No. 170 of November 30, 2009:
http://www.rupto.ru/norm_doc/sod/metod_rek/rec_poligraf.pdf;
• Guidelines on verification of claimed designations for identity and similarity, approved by order of Rospatent No. 197 of December 31, 2009:
http://www.rupto.ru/norm_doc/sod/metod_rek/metod_rec_tojd.pdf.
X. Other relevant matters