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AIPLA Expectations for TM5

AIPLA Expectations for TM5. AIPLA IP Practice in Japan Committee April 2013 _____ Materials Prepared by David W. Hill Finnegan, Henderson, Farabow, Garrett & Dunner. LLP. TM5 Project Overview. Review of TM5 Projects ID Project ( USPTO ) Common Statistical Indicators ( OHIM )

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AIPLA Expectations for TM5

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  1. AIPLA Expectations for TM5 AIPLA IP Practice in Japan Committee April 2013 _____ Materials Prepared by David W. Hill Finnegan, Henderson, Farabow, Garrett & Dunner. LLP

  2. TM5 Project Overview • Review of TM5Projects • ID Project (USPTO) • Common Statistical Indicators (OHIM) • Common Status Descriptors (USPTO) • Bad Faith Project (JPO) • Image (Design) Search (JPO) • Taxonomy and Euroclass (OHIM) • User Friendly Access to TM Information (OHIM) • TM5Website Project (KIPO)

  3. ID Project Goal • Purpose of project is to develop identification of goods and services acceptable in participating offices • Currently 13000 IDs • 5 other countries providing IDs:  Philippines, Canada, Mexico, Russian Federation, Singapore • AIPLA – Hope to move the world toward more specific IDs required by US practice • The harmonized ID list will be on the TM5 website (expected March 2013) • IDs included on the list are acceptable in the TM5 offices (U.S., OHIM, JPO, KIPO, SAIC) but not necessarily in the other offices

  4. Common Statistical Indicators (OHIM) • Offices are exchanging data • Developing list of common statistical indicators (i.e., pendency, productivity, etc.) • AIPLA will consider suggesting specific indicators desired for inclusion in project

  5. Common Status Descriptors (USPTO • This project would develop a list for use by the offices of common status descriptors • May include a glossary or definitions of descriptors • May include the use of Icons • AIPLA is reviewing this project

  6. Bad Faith Project (JPO) • Goal is to establish legal structure and common approach to what constitutes a bad faith trademark filing • AIPLA hopes project will address what constitutes a bad faith filing • Topic of discussion at next TM5meeting in Tokyo • AIPLA willing to help with development of White Paper on Bad Faith discussing participating offices’ practices and cases

  7. Image (Design) Search (JPO) • Project seeks to address how to search design marks well • Mainly a technological issue • JPO currently identifying the technical issues germane to searching images (design) • May also use Vienna Classification system • OHIMmay be preparing to launch a site for image search • AIPLA supports improving ability to accurately search design marks

  8.  Taxonomy and Euroclass (OHIM) • Euroclassis OHIM’s identification database • Taxonomy sets out ID manual in harmonized fashion • Taxonomy might be used in the U.S. to indicate the minimum level of specificity required for an identification • Trilateral ID list could be a comparative source • AIPLA is studying this issue

  9. User Friendly Access to TM Information (OHIM) • This involves OHIM’s TM View database • The idea is for participating offices to integrate their TM Data into TM View • U.S. users may have reservations regarding the use of TM View • May provide, at best, a knockout search

  10. TM5 Website Project (KIPO) • KIPOanticipates website March 2013 • AIPLA hopes the website will provide current information about TM5 projects, meetings, publications, etc.

  11. Thank you for your attention! David W. Hill Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Washington, DC david.hill@finnegan.com

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