"Introduction
In the context of the administration of the Madrid System, WIPO is aiming to increase
the contents of its Madrid System goods and services database in various languages
to a minimum of 30,000 indications and make it available online by October 2010.
OHIM has databases in 22 languages which will contain around 100.000 indications
per language.
WIPO is taking an active part in the Euroclass project run by OHIM. Euroclass is an
online tool which contains official and approved lists of goods and services. This tool
allows users to search for goods or services and their correct classification in the
databases of the participating offices.
OHIM and the UK IP Office have established a single common list of goods and
services. Other offices, such as those of Sweden and Germany, have joined the project.
Common goals
In an effort to provide global users with easy and standardised access to trade mark
procedures, and in view of the daily importance of classification issues in this
respect, both organisations wish to consider the possibility of agreeing on a list of
indications of goods and services acceptable to both organisations, in as many
languages as feasible and required.
Both organisations believe that other offices around the world may take an interest in
participating in an effort towards establishing a global database of acceptable
indications.
Commitments and time-frame
Both organizations are willing to undertake the following steps:
Short Term (2010)
1. The International Bureau of WIPO will actively support the efforts undertaken
by OHIM to establish and implement a new vision on EU harmonisation of
classification of goods and services in the form of a common database shared
by OHIM, the UK, Sweden, Germany and other offices that wish to join in.
2. WIPO, in its capacity as administrator of the International “Nice” Classification
of Goods and Services, will be available to play the role of arbiter in case of a disagreement as regards the correct classification of a new term during the
implementation of the EU harmonised database project.
3. The International Bureau of WIPO and OHIM will mutually exchange their
respective English-version databases of goods and services no later than
January 2010. Upon request, they will also facilitate each others efforts to
supplement the contents of those databases in other OHIM and Madrid
System working languages, when available,
4. Three months later, the International Bureau of WIPO and OHIM will initiate
work towards agreeing on a list of classified indications of goods and services
that are accepted by both organizations under the Madrid system and the
CTM procedures, respectively.
5. In the course of 2010, the International Bureau of WIPO and OHIM will
cooperate in order to plan and execute a project that would make available to
interested applicants an electronic filing facility for the filing of international
applications based on Community Trade Mark applications or registrations.
Long Term (2011 – 2012)
6. OHIM supports WIPO piloting a “global database” initiative among its
members to establish a database of classified indications of goods and
services that can be accepted by as many offices as possible. This database
will have a workflow to handle the integration of goods and services terms not
yet included in the database. OHIM would contribute to this initiative through
the EU harmonised database. The added value of such an initiative would
constitute a major contribution to the establishment of global IP infrastructure.
7. OHIM and WIPO would support the idea that trademark offices exploit such
global database as a basis for current and future e-filing systems, in order to
mininise formal classification problems during the transfer of trademark
application data from the front office to the back office systems of participating
IP offices.
Transparency
Both organisations will inform their respective members and partners about this
understanding.
For this purpose, both organisations will explain this in their respective fora".
Class 46 welcomes the constructive and cooperative approach taken by the two organisations and expresses the hope that the good intentions expressed in this Understanding will bear fruit that will benefit the trade mark community.