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Trademarks electronic filing. Jean-Marie Putz IT Manager 15 june 2006. What I will not tell you about electronic filing of trademarks…. Boring figures. Boring technology. BMBConnect is available as A web form A client A module in vendor’s programs A new version will be available soon
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Trademarks electronic filing Jean-Marie Putz IT Manager 15 june 2006
What I will not tell you about electronic filing of trademarks…
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…
Trademarks filing • Seen from the office point of view Mission 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 view This is Bob, thepainter… Mission 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
Trademarks filing • The partners The office Bob Requests a form Sends a form Tries to fill in the form Requests help and advice Applies for registration of a trademark Provides help, but no advice Gets angry In reality it is not that easy… Sends the form … (or not)
Bob Trademarks filing The office • The partners (2) The agent • The agent helps with formalities (because the procedure is not easy) • The agent provides good advice
Bob Electronic filing • The electronic partners The office Form is available on InternetForm provides helpForm avoids input errors… …Form is easy to use, but Form does not provide advice… • The agent provides good advice
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
Schengen If Benelux was an island But Benelux is not an island…
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
Sends a form Requests help and advice Requests a form Sends a form Requests a form Requests help and advice The traditional way (1) • Registering in France and Germany And so on… Tries to fill in the forms
WIPO The traditional way (2) Applies for a trademark and asks for international extension Germany France
OHIM The traditional way (3) 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… ?
In an ideal situation…. Indicates the countries he is interessed in Applies for a trademark 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