. The following details of registration are available for searching: |
Representation of Mark |
|
Description of mark |
|
Application number of mark |
|
Registration number of mark |
|
Owner |
|
Class |
|
Goods/Services |
|
Application date |
|
Date of entry on the register |
|
Priority date |
|
Seniority claims |
|
Status |
|
Charges and security interests |
|
Endorsement, e.g., disclaimers, geographical limitations |
|
Licenses |
|
Chain of title/assignment/other changes in owner |
|
Indication whether the mark was allowed on the basis of acquired distinctiveness |
|
Attorney/representative |
|
Comments:
Representation of Mark": Device marks can not be searched by Vienna CodesÂ
|
C. The following details of an application for registration are available for searching: |
Representation of Mark |
|
Description of mark |
|
Color claim |
|
Owner |
|
Class |
|
Goods/Services |
|
Application date |
|
Priority date |
|
Seniority claims |
|
Status |
|
Charges and security interests |
|
Endorsement, e.g., disclaimers, geographical limitations |
|
Licenses |
|
Chain of title/assignment/other changes in owner |
|
Indication whether the mark was allowed on the basis of acquired distinctiveness |
|
Attorney/representative |
|
Comments:
Color claim": Search options: "with" or "without" color claimÂ
|
D. Details and availability of prosecution files: |
The Trademarks Office/Registry's prosecution files are available for inspection by third parties |
|
All files are available regardless of status |
|
The following statuses are available |
Pending applications |
|
Current registrations |
|
Abandoned or denied applications |
|
Expired or cancelled registrations |
|
The files are available at all stages |
|
If not, the files are available |
Before Publication |
|
After Publication |
|
After Registration |
|
Can copies be obtained |
|
Comments:
Depending on the status of the Trademark legitimation must be proved.
|
E. Provision of Certified copies by Trademarks Office / Registry |
Certified copies of applications for registration/register entries are available from the Trademarks Office/Registry |
|
Comments:
|
III. Public Search Facilities Provided by Trademarks Office/Registry |
A. Facilities provided by the Trademarks Office/Registry for searching by the public for prior conflicting marks: |
Word/letter marks |
|
Device marks |
|
Other marks (sound, color, smell, etc.) |
|
Comments:
|
B. Similarity of prior conflicting marks can be searched: |
Identical marks only |
|
Identical and similar marks |
|
Comments:
|
C. Means of searching available for word/letter marks: |
Manual |
|
Electronically at the registry |
|
Electronically via the Internet |
|
Comments:
|
D. Means of searching are available for device marks: |
Manual |
|
Electronically at the registry |
|
Electronically via the Internet |
|
Comments:
|
E. Means of searching are available for other marks: |
Manual |
|
Electronically at the registry |
|
Electronically via the Internet |
|
Comments:
|
F. Information available in the search: |
Representation of mark |
|
Description of mark |
|
Color claim |
|
Application number of mark |
|
Registration number of mark |
|
Owner |
|
Class |
|
Goods/Services |
|
Application date |
|
Date of entry into register |
|
Priority date |
|
Seniority claims |
|
Status |
|
Charges and security interests |
|
Endorsements, e.g., disclaimers, geographical limitations |
|
Licenses |
|
Chain of title/assignments/other changes in the owner |
|
Indication whether the mark was allowed on the basis of acquired distinctiveness |
|
Attorney/representative |
|
Comments:
|
G. Device Mark Coding |
Device marks are coded |
Vienna code |
|
Office code |
|
Comments:
|
H. Owner Name Search |
Searches can be conducted by owner name |
|
I. Internet Search |
Searches of the official database is available via the Internet |
|
A charge is made for accessing the database |
|
A charge is made for downloading from the database |
|
IV. Services Provided by Trademarks Office/Registry for the Public |
A. Examination Guidelines: |
The Trademarks Office/Registry publishes examination guidelines |
|
The examination guidelines are available to be viewed via the Internet |
|
V. Procedures of Trademarks Office/Registry on an Application for Registration |
A. Method of filing |
The Trademarks Office/Registry allows filing of applications |
By Hand |
|
By Post |
|
By Fax |
|
Electronically |
|
The Trademarks Office/Registry allows the filing of documents after the filing of the application |
By hand |
|
By post |
|
By fax |
|
Electronically |
|
B. Fee Payment Mechanisms |
Payment of official fees can be made to the Trade Mark office/Registry |
By cash |
|
By cheque |
|
By credit cards |
|
By electronic transfer |
|
By deposit account |
|
Comments:
|
VI. Trademark Office/Registry Examination Procedure |
A. Examination |
On receipt of an application the Trademarks Office carries out the following procedures: |
A formalities examination |
|
A search for prior conflicting marks |
|
An examination for registrability |
|
Objection is raised before the final rejection |
|
Objection can be raised on the following grounds |
Formalities |
|
Prior conflicting marks |
|
Registrability |
|
In the event of an objection based on prior conflicting marks, it can be overcome by filing a letter of consent from the owner of the prior mark |
The acceptance of the letter of consent is mandatory |
|
The acceptance of the letter of consent is discretionary |
|
Objections can be challenged by argument before the final rejection |
|
B. Response term |
The usual term/deadline set by the Trademarks Office/Registry for response by the applicant to such objections is: days/weeks/months |
|
This period can be extended |
|
C. Appeal |
The final rejection of the mark by the Trademarks Office/Registry can be appealed |
|
The first appeal is made to |
Appellate entity within the Trademarks Office/Registry |
|
The courts |
|
Other: |
|
Comments:
|
D. Publication |
Applications are published for opposition |
|
Publication takes place |
Before examination |
|
After examination and acceptance |
|
After registration |
|
Comments:
|
E. Recordation |
Change of owner details on an application for registration are recorded on the register |
|
The change of ownership is searchable |
Manually |
|
Electronically at the registry office |
|
Electronically via the Internet |
|
Comments:
|
F. Opposition |
Opposition to registration of a mark can be filed with the Trademarks Office/Registry |
|
Such oppositions can be filed |
Before registration |
|
After registration |
|
The period to file the opposition from publication of application or registration is: days/weeks/months |
|
This period can be extended |
|
Grounds for opposition that may be relied on |
Absolute grounds |
|
Relative grounds |
|
Other |
|
The final decision of the Trademarks Office/Registry on the opposition can be appealed |
|
The appeal is first made to |
An appellate entity within the Trademarks Office/registry |
|
The courts |
|
Other |
|
Comments:
|
G. Revocation/cancellation of registered marks |
A registered mark can be revoked or cancelled on application by third parties |
|
The cancellation action is filed to |
The Trademarks Office/Registry |
|
The courts |
|
Other |
|
Grounds for cancellation that can be relied upon |
Absolute grounds |
|
Relative grounds |
|
Non-use/abandonment |
|
Voluntary surrender |
|
Correction of entries on the register |
|
Other |
|
A cancellation can be appealed |
|
An appeal is first made to |
An appellate entity within the Trademarks Office/Registry |
|
The courts |
|
Other |
|
Comments:
|
H. Registered marks |
The following can be recorded on the register in respect of registered marks |
Licenses/registered users |
|
Security interests |
|
The following information is recorded |
Name of party |
|
Date |
|
Expiration or cancellation date or length of time it lasts |
|
The information is part of register details accessible to the public by standard searching |
|
Comments:
|
I. Renewal |
A registration can be renewed prior to expiry: days/weeks/months |
|
A registration can be renewed after expiry: days/weeks/months |
|
The period until the next renewal date is: years |
|
Comments:
|
VII. Trademarks Office / Registry Standards |
A. Trademarks Office Responsiveness |
The period of time it takes the Trademarks Office/Registry to |
Issue filing receipts |
|
Issue the 1st examination report/take other first action |
|
Issue notification to applicant for registration that opposition has been filed |
|
Issue certified copies of applications for registration/ register entries (after request) |
|
Enter the mark on the register after acceptance and/or expiry of opposition period |
|
Issue registration certificate after entry on register |
|
Issue decision on opposition after evidence or submissions have been completed |
|
Issue decision on cancellation (after evidence or submissions have been completed) |
|
Issue confirmation of recordal of assignment, change of name, license, etc. |
|
Comments:
The TM office introduced a very fast procedure (time from filing to notice of acceptance of the mark is approx. 6 days) for so-called "obviously unproblematic" applications, i.e. applications which do not raise any concerns in terms of descriptiveness and which only contain goods/services included in the office's database of goods and services.
|
B. Document filing |
Electronic filing is available 24 hours a day/7 days a week |
|
Filing deadlines that fall on a weekend or national holiday are extended to the next business day |
|
Mail is considered to be filed |
At the time of filing |
|
At the time of receipt by the Trademarks Office/Registry |
|
Other |
|
Comments:
Electronic filing is accepted also via regular email. Emails do not have to be signed. The user immediately receives a confirmation of the filing including the filing date.
|
C. Quality standards |
The Trademarks office/registry has a set of quality standards concerning examination of applications regarding issues such as wrong acceptances and refusals |
|
Those standards are published and available to the public |
|
|