Trademarks electronic filing
Jean-Marie PutzIT Manager
15 june 2006
What I will not tell you about electronic filing of trademarks…
Boring figures
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2002 2003 2004 2005 2006
Traditional
Electronic
Boring technology
•BMBConnect is available as A web form A client A module in vendor’s programs
•A new version will be available soon In Java
What I will tell you about electronic filing of trademarks…
The world of Trademarks
Trademarks filing
Seen from the office point of viewMission
Receive trademark demands
Register trademarks
Publish trademarks
Tasks
Check formalities
Apply legal prescriptions
Apply agreed standards (e.g. Nice Classification) (uniformization of publication)To make their life easier, Trademark Offices invented forms.
To reduce their workload, they want applicants fill in the Office database…
Trademarks filing
Seen from the applicant point of viewMission
Run his business
Tasks
Find customers
Do his job
Registering a trademark is not an easy administrative process
Trademark standards are not common language
Trademark registering is not a natural phenomenon…
… but we believe it should be
This is Bob, thepainter…
This is Bob, thepainter…
Trademarks filing
The partners
Applies for registration of a
trademarkIn reality it is not that easy…
Requests a formSends a formTries to fill in the form
Requests help and adviceProvides help, but no
adviceGets angry
Sends the form … (or not)
BobThe
office
Trademarks filing
The partners (2)
Bob
The office
The agent
•The agent helps with formalities (because the procedure is not easy)
•The agent provides good advice
Electronic filing
The electronic partners
BobThe
office
Form is available on InternetForm provides help
Form avoids input errors…
…Form is easy to use, but
Form does not provide advice…
•The agent provides good advice
The real world
In the real world…
Bob is painting
Bob is living in Schengen, Luxemburg
…and he is aware of the importance of having a registered trademark
If Benelux was an island
Schengen
But Benelux is not an island…
Schengen
Bob is a good painter…
• He wants to extend his business to France and Germany…
• He has several possibilities: Register directly in France and in
Germany Register in Benelux, and extend
through Madrid system Register at OHIM
The traditional way (1)
Registering in France and Germany
Requests a form
Requests a form
Sends a form
Sends a form
Requests help and advice
Requests help and advice
Tries to fill in the forms
And so on…
The traditional way (2)
WIPO
Applies for a trademark
and asks for international extension
Germany
France
The traditional way (3)
OHIM
Applies for an European TM
Which is not easier than applying for a national trademark…
European trademark
Applying for an European trademark, Bob will get protection in the whole European community.
Question: did he really want this ?
Does he really need this… ?
The ideal world
In an ideal situation….
Applies for a trademark
Indicates the countries he is interessed in
Computer lets him choose the desired procedure
Computer sends the application form to the
desired office(s)
Is this possible?…
• Requirements A common electronic filing platform A common will to cooperate A kind of harmonization between
trademarks offices
• Standards Existing TM-XML (will be Wipo
standard ST66)…
Bringing the worlds together
Let’s protect trademarks…
Thank you for yourattention
Discussion
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