This Standard provides guidance to national, regional and international authorities which, on the basis of national industrial property laws or international industrial property conventions, publish announcements, either on trademark applications or on registrations of trademarks.
At present there are significant differences in the content and layout of the printed trademark gazettes issued by various industrial property offices and other authorities in the form of a separate gazette or as part of a more comprehensive gazette, in the presentation of the particulars, especially the use of data elements for which INID codes are indicated in WIPO Standard ST.60, as well as in the sequence in which announcements are given. Consequently, this Standard is aimed at promoting a uniform presentation of printed data concerning trademarks and thus at improving access to the bibliographic content of printed trademark gazettes.
For the purposes of this Standard, the expression:
(a) “trademark” should be understood to include both trademarks and service marks of any kind, including in particular collective marks, certification marks and guarantee marks;
(b) “Trademark Gazette” means an official printed publication with respect to trademarks made in accordance with requirements under national industrial property laws or international industrial property conventions;
(c) “INID” is an acronym for “Internationally agreed Numbers for the Identification of Data.”
The following WIPO Standards are of fundamental importance to this Standard:
WIPO Standard ST.2
Standard Manner for Designating Calendar Dates by Using the Gregorian Calendar;
WIPO Standard ST.3
Recommended Standard on Two‑Letter Codes for the Representation of States, Other Entities and Intergovernmental Organizations;
WIPO Standard ST.10/D
Guidelines on Physical Characteristics of Patent Documents Particularly Relevant to Reproducibility and Legibility of Such Documents;
WIPO Standard ST.60
Recommendation Concerning Bibliographic Data Relating to Marks (Identification and Minimum Required).
The format of a Trademark Gazette should be A‑4, that is 297 mm x 210 mm. If the format A‑4 is not applied, it is recommended that the format used should not be substantially larger or smaller than the above‑mentioned format in either of its dimensions.
The following should be indicated on the outside front cover of the Trademark Gazette:
(a) the name of the Trademark Gazette;
(b) the name of the national, regional or international authority the announcements of which are contained in the Trademark Gazette;
(c) the year and the number of the Trademark Gazette with the date of publication in accordance with WIPO Standard ST.2;
(d) the first and last numbers of announcements concerning applications or registrations of trademarks, made during the period in question, if such announcements are given and consecutively numbered;
(e) the Table of Contents.
The numbers referred to under item (iv), above, are to be indicated only when the numbers constitute a coherent and complete set. When the numbers do not constitute a coherent and complete set, a statement to that effect should be given on the outside front cover of the Trademark Gazette together with a reference to the indexes, if any, contained within the Trademark Gazette in which all numbers for which announcements are included in the Trademark Gazette are listed. When the information to be given under item (iv) cannot be included on the outside front cover, the numbers can be placed on the first inside page.
The Table of Contents can appear on the outside front cover or on the first inside page of the Trademark Gazette or, in the case where the Trademark Gazette is part of another publication, at the end of it.
The sequence of sections containing the announcements published in the Trademark Gazette should be in accordance with the sequence of the official procedure regarding the registration of trademarks. Each publication of a Trademark Gazette, whether as a separate publication or as part of another publication, should contain the following announcements, where applicable, in the following order:
(a) announcements regarding applications filed;
(b) announcements regarding examined applications published for opposition;
(c) announcements regarding registrations.
The announcements referred to in items (i) to (iii), above, should contain at least the following:
– the date of the application/registration in accordance with WIPO Standard ST.2;
– the serial number of the application/registration;
– the name and address of the owner;
– either a reproduction of the trademark or necessary information for public inspection of the reproduction;
– the goods and services for which protection of the trademark is claimed.
The announcements concerning renewals of registrations and of the different kinds of changes in the legal status of published applications or registrations can follow, but they can also be given following the announcements of the published applications or of the registered trademarks.
The bibliographic data of the announcements referred to under paragraph 8, above, should be preceded by INID codes provided for in WIPO Standard ST.60. They should be presented in accordance with the guidelines laid down in paragraphs 8 to 17 of that Standard.
The announcements referred to under paragraph 8 should appear in the order of the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification) or a national classification of marks, or in the order in which the trademark applications or the trademarks were filed or registered, as the case may be.
The Trademark Gazettes may contain other information such as:
(a) official information on provisions in the field of industrial property adopted by the respective national, regional or international authority publishing or registering trademarks;
(b) notices relating to practice and procedures of the authorities mentioned in item (i), above;
(c) subscription information and the name of a person, position or organization to whom any communications should be addressed;
(d) information on the services of the authorities mentioned in item (i), above;
(e) information on the readiness of owners to enter into licensing contracts;
(f) articles on matters relating to trademarks.
It is recommended that the above‑mentioned information and notices be given on the first or last pages of the Trademark Gazette. Alternatively, they may be published in a separate journal. Advertisements may be included on the inside pages of the cover or on the last pages.
It is recommended that a list of codes used in the Trademark Gazettes, e.g., INID codes according to WIPO Standard ST.60, two‑letter codes according to WIPO Standard ST.3, be published in the gazette at regular intervals.
It is recommended that each issue of a Trademark Gazette should contain sufficient information to permit users to locate information as it relates to various classes. This may be accomplished by including various types of indexes or cross references.
In the Trademark Gazettes, two‑letter codes provided in WIPO Standard ST.3 should be used, whenever relevant, e.g., for the identification of the national, regional or international authority publishing or registering the trademarks, or for identifying the priority country/organization, etc.
To facilitate use of Trademark Gazettes and to avoid possible difficulties by a user in identifying gazettes from which a page has been copied, it is recommended that on each page information be printed, giving, in addition to the page number, the following minimum data:
(a) title of the Trademark Gazette or official abbreviation thereof;
(b) issue number and publication date of the issue in accordance with WIPO Standard ST.2, or at least one of these two data.
The physical properties of Trademark Gazettes should comply with the respective guidelines given in WIPO Standard ST.10/D for the purposes of reproducibility and legibility.
Difficulties are sometimes faced by users of Trademark Gazettes when the content and/or the layout of information given in the Trademark Gazette is changed. Thus, it is recommended that sufficiently advanced notice be given whenever an industrial property office is planning to make changes in its Trademark Gazette. It is also recommended that the advance warning should be displayed prominently, e.g., by the use of loose‑leaf or colored sheets, in the Trademark Gazette. Moreover, notices giving advance warning of a change should also be published in bulletins which some offices publish and which contain notices and information of a general character. Any change should also be stated in the appropriate publication in which it appears for the first time.
It is also recommended that the same system of informing users be used in connection with changes in the practice of offices concerning other publications issued by them.
[End of Standard]