Annual Technical Report 2012 on Trademark Information Activities submitted by OHIM (CWS/ATR/TM/2012/EM)
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
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http://oami.europa.eu/ows/rw/pages/OHIM/OHIMPublications/newsletter/0911/EBUSINESS/ebis1.en.do
Once the TM registration process is completed, an electronic registration certificate is generated and placed online. In addition, the Office sends a notification containing a URL link that takes the clients to the e-Certificate. E-communication users need to open their mail box, click on the label marked “L-304” containing the link to the e E-Certificate.
A similar letter can be sent by fax or mail. Users only need to either type the Internet link provided (URL) into their browser or search in CTM online and access the document through our Online Access to Files service. To do so, they can go to the CTM Online tool available on the OHIM website at http://oami.europa.eu and search for the CTM details. They should click on the Online Access to Files icon. This will open the Online Access to Files component, where all non confidential documents. The Certificate of Registration can be found under the folder entitled OHIM Letters, and the document is named “certi”.
e-Certificates look the same and have the same legal value as the registration certificates previously posted sent by the office, but can be delivered much more quickly. Up to now, postal delivery took up to 4-5 weeks. The new e-Certificates are ready for downloading and printing (if required) within 3-5 working days.
Further copies of the certificate
The Office provides certified or uncertified copies of the certificate of registration, on payment of a fee.
Main types of announcements of the Office in the field of trademark information
VADEMECUM
http://oami.europa.eu/bulletin/ctm/ctm_bulletin_en.htm
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
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TMclass
TMclass is a useful tool assisting the applicants when filing their trade mark and when trying to organise the goods and services into the correct classes. This tool helps applicants with classification of goods and services, allowing them to compare the classification databases of the Participating Offices supplying data to TMclass.
http://tmclass.tmdn.org/ec2/
Obligation for applicants to use pre-defined terms of the classification applied
Goods & Services
Applicants must indicate the goods and/or services for which they wish to register the trade mark. Goods and services are divided into different classes according to the International Classification of Goods and Services under the Nice Agreement (the "Nice Classification"). There are presently 34 classes of goods and 11 classes of services, at least one of which must be selected.
The applicants can select Goods & Services by the following means:
- Insert the Goods & Services manually
- Indicate class headings of Nice classification
- Basic Search in our database (TMclass)
- Import the Goods & Services from our database (TMClass)
(http://oami.europa.eu/help/html/help_en.html)
IV. Trademark manual search file establishment and upkeep
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Searching the Community trade mark database: CTM -ONLINE
http://oami.europa.eu/ows/rw/pages/QPLUS/databases/searchCTM.en.do
TMVIEW - http://tmview.europa.eu/tmview/welcome.html
eSEARCH
http://esearch.oami.europa.eu/copla/index
Goods and Service, Nice Classification: TMclass
http://tmclass.tmdn.org/ec2/
Representative consultation service
http://oami.europa.eu/FRP/RequestManager?transition=start&source=Log-in.html&language=en&application=FRP
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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E-filing is a service provided by OHIM, which enables users to apply for a Community trade mark online.
OHIM provides a business-to-business solution for its larger clients where, based on an agreed transfer mechanism across the Internet, our clients can send their CTM applications directly from their own back-office systems directly to OHIM.
http://oami.europa.eu/ows/rw/pages/QPLUS/forms/electronic/fileApplicationCTM.en.do
E-renewal is a service provided by OHIM in order to enable users to renew a CTM online.
http://oami.europa.eu/ows/rw/pages/QPLUS/forms/electronic/fileRenewalCTM.en.do
E-opposition is a service provided by OHIM in order to allow users to file an opposition online.
http://oami.europa.eu/ows/rw/pages/QPLUS/forms/electronic/fileOpposition.en.do
My Page: CTM users can sign up for their own personalized, easy-to-use, free and secure platform: MyPage. This tool offers direct access to every OHIM external database, to e-filing system and to the user´s personal data held by the OHIM.
hthttp://oami.europa.eu/ows/rw/pages/QPLUS/MyPage.en.do
URLs of web pages of the Office's website for electronic filing of trademark applications
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http://oami.europa.eu/ows/rw/pages/CTM/regProcess/regProcess.en.do
http://oami.europa.eu/ows/rw/pages/CTM/FAQ/FAQ.en.do
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
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OHIM holds a wide range of cooperation and consultation meetings with stakeholders in EU including national IP offices, the European Commission user groups and representatives of the judiciary.
Each year we hold well-attended liaison meetings with national offices, on trademarks, designs and technical/IT issues. The meetings are used to exchange best practice, and discuss innovations.
In 2012, OHIM and WIPO signed a declaration of intent to link TMview and WIPO´s Global Brand Database, featuring wider access to transparent and comprehensive trade mark information at the global level.
OHIM Cooperation Fund
The Cooperation Fund is a joint endeavour undertaken by the OHIM, all National IP offices of the EU, Benelux IP Office and the user associations that work with the OHIM, designed to promote further harmonization, modernise national IP offices, and simplify the overall experience for users of the European trade mark and design systems
The Cooperation Fund is constructing and delivering a number of different project outputs in support of modernisation, improvement of joint working methods, enhanced end-user experience and overall harmonisation. In addition, it is developing and delivering a series of front office tools, and a predetermined set of back office functionalities.
http://oami.europa.eu/ows/rw/pages/QPLUS/cooperationFund.en.do
The Convergence Programme aims to reach common ground on a series of issues where IP offices in the EU have different practices. The Convergence Programme complements the work on common IT tools taking place under the Cooperation Fund and the review of trademarks laws and procedures in Europe led by the European Commission.
http://oami.europa.eu/ows/rw/pages/QPLUS/convergenceProgramme.en.do
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)
OHIM has always put emphasis on understanding users of CTM system and responding to their needs.
The OHIM website remains the most important information resource. The content, in five languages, is updated daily, and it's the home for the office's monthly electronic magazine, Alicante News.
http://oami.europa.eu/ows/rw/pages/OHIM/index.en.do
Relations with users
Office for Harmonization in the Internal Market (OHIM) maintains close links with all interested parties in order to ensure cooperation and harmonization across Europe as well as to ensure the best possible delivery of its services
Cooperation inside the EU
OHIM holds a wide range of cooperation and consultation meetings with stakeholders in EU including national IP offices, the European Commission user groups and representatives of the judiciary.
http://oami.europa.eu/ows/rw/pages/QPLUS/networks/networks.en.do
Cooperation with other international organisations
OHIM, the EPO and WIPO strengthened and deepened their mutual cooperation and collaboration in 2012.
Cooperation outside the EU
OHIM engaged in productive discussions with IP offices from various countries, including Brazil, Turkey, Canada, Norway, Mexico, Korea, China and the African IP organisations (OAPI and ARIPO), with a view to further expanding collaboration and embarking on joint projects of mutual interest.
The Office also concluded agreements with the EU delegations in Thailand, Russia and China to define and implement three major EU-funded projects. The projects are aimed at promoting better access to IP rights information in the three countries and regions, by encouraging the integration of IP rights into a free, open online facility based on existing tools like TMview, WIPO’s Global Brand Database, DesignView or TMclass.
Promotional activities (seminars, exhibitions, visits, advertising, etc.)
OHIM was present at the following events in 2012:
http://oami.europa.eu/ows/rw/pages/OHIM/news/eventsArchive2012.en.do
Training courses for national and foreign participants
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OHIM's Annual Report for 2012 is available only online in Multimedia version or in PDF format.
http://oami.europa.eu/Annual_report_2012/OHIM/index_en.html
if necessary, provide further information related to the topics referred to in the current ATR
Quality Plus
The Office is committed to listening to users’ needs and putting in place measures to maintain and improve the quality of services. Quality Plus section provides access to the Office’s quality policy, the Service Charter, User Satisfaction Survey, and guidance on how to file a complaint. Information on cooperation projects with IP offices in member states and internationally can be also found.
Networks and Users’ Groups includes:
- The OHIM Users' Group
- Judges' seminars and symposiums, and the OHIM Universities Network
- Information about OHIM’s participation in networks with other major IP offices.
- Technical cooperation agreements, the OHIM Cooperation Fund, Convergence Programme.
http://oami.europa.eu/ows/rw/pages/QPLUS/index.en.do
User Satisfaction Surveys
The Office is conducting two types of surveys:
- Specific Real Time Satisfaction Surveys, covering specific areas of particular interest;
- One global User Satisfaction Survey each year.
The objective of both types of Satisfaction Surveys is to identify areas of improvement and to enable the Office to set appropriate priorities to enhance its services and to measure overall satisfaction.
http://oami.europa.eu/ows/rw/pages/QPLUS/USS.en.do
Complaints Unit
Complaints Unit handles written complaints about the processing of CTM and RCD files.
http://oami.europa.eu/ows/rw/pages/QPLUS/complaintsUnit.en.do
provide open source codes related to trademark information systems
A Trade Mark XML Open Standard Initiative
http://www.tm-xml.org/
TMview is an online consultation tool allowing you to search, free of charge, the trade marks of all official trade mark offices which are participating at national, international and EU level. The accuracy of the data contained in TMview is the sole responsibility of the offices or organisation providing it. In principle, TMview reflects with certainty their trade mark registers at the moment of consultation. TMview is a cooperation project between the OHIM, WIPO and EU national trade mark offices.
http://tmview.europa.eu/tmview/welcome.html
TMclass is an useful tool to assist users when filing trademarks and when trying to organise the goods and services into the correct classes.
http://tmclass.tmdn.org/ec2/
contain trademark-related news regarding the Office
OHIM publishes an online Official Journal, an Annual Report, and various legal publications including National Law relating to the Community Trade Mark and case-law overviews produced by the Boards of Appeal. In addition, the Office publishes two newsletters:
• Alicante News provides a monthly update of information about the Office, including interviews, developments in e-business services, and case-law. It is available in English.
• The IP Cooperation and Convergence newsletter has the latest news on the progress the OHIM and national intellectual property offices are making in modernising their tools and bringing closer their working methods. This bi-monthly publication is available in 22 EU official languages.
X. Other relevant matters