Viennese classification
| Vienna Agreement for the Establishment of an International Classification for Brand Image Elements | |
|---|---|
| Short title: | Viennese classification |
| Title (engl.): | Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks |
| Date: | June 12, 1973 |
| Come into effect: | August 9, 1985 |
| Reference: | Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks ( English text ) |
| Reference (German): | Vienna Classification ( German version, valid from January 1, 2018 ) |
| Contract type: | Multinational |
| Legal matter: | Commercial legal protection / classification agreement |
| Signing: | 34 |
| Ratification : | 34 states (January 15, 2020) |
| Please note the note on the applicable contract version . | |
The Vienna Classification is a classification for the internationally standardized development of the pictorial components of figurative and word / figurative marks . For this purpose, the image components are currently divided into 29 categories, 145 sections and 1,734 subsections, consisting of 816 main subsections and 918 auxiliary subsections. Currently 34 countries have signed it, but it is used by 39 countries, 3 organizations and WIPO .
history
In 1967 the Bureau for the Protection of Intellectual Property ( BIRPI ), the predecessor organization of the World Intellectual Property Organization ( WIPO ), began to work out a classification of the image components. This was agreed on June 12, 1973 through an agreement at the Vienna Diplomatic Conference. With the signature of the representatives of Belgium, Brazil, Denmark, Germany, France, Italy, Luxembourg, Monaco, the Netherlands, Norway, Austria, Portugal, Sweden, Switzerland, Serbia and Hungary, the agreement came into force on August 9, 1985.
The following countries are member countries as of January 15, 2020: Albania, Armenia, Bosnia and Herzegovina, Bulgaria, France, Guinea, India, Jamaica, Jordan, Kyrgyzstan, Republic of Korea, Croatia, Cuba, Luxembourg, Malaysia, Mexico, Republic of Moldova, Montenegro, Netherlands, North Macedonia, Austria, Poland, Romania, Sweden, Serbia, Slovenia, St. Lucia, Trinidad and Tobago, Turkey, Tunisia, Turkmenistan, Ukraine, Uruguay and the United Kingdom.
Purpose and meaning
The purpose of the classification is to facilitate searches for conflicting earlier trademarks and to avoid necessary reclassifications when comparing trademarks on an international level.
This is particularly useful, since each country previously operated its own classification, usually based on textual representation. Even with the Viennese classification, the classification is still subjective, but is affected by fewer fluctuations due to the underlying system and is easier to select due to the hierarchical structure.
Over 30 countries currently use the Vienna classification. However, since the introduction in other countries is slow, the intended simplification can only be partially used. In the Anglo-Saxon countries in particular, text descriptions are still used almost exclusively, which, despite the same language ( English ), leads to low hit rates in the search and makes testing procedures time-consuming.
Structure of the classification
The classification is based on category (1–29), section (1–19) and subsection (1–25). There are auxiliary sections that are coded in the subsections for a more detailed structure. A picture mark is usually given several classifications to identify the individual components or to describe complex structures.
(Example from the German 8th edition from January 1, 2018)
For example, B. the representation of a "eating girl" in the
- Category 2 (people),
- Section 5 (children),
- Main subsection 3 (girls) and
- Auxiliary Subsection 18 (Children Drinking or Eating).
This is coded with notations as 2.5.3 and 2.5.18. In order to clearly name an indication of the Vienna Classification, the abbreviation CFE must be put in front. If a label belongs to several subsections, these can be specified separated by a comma (CFE 2.5.3,18). If a brand belongs to several categories, these can be indicated separated by a semicolon (e.g. CFE 1.1.2,10,25; 1.15.17; 2.9.1). In addition, it is recommended to indicate the output used for coding in brackets (CFE (8) 2.5.3,18).
Many databases use an input in which the notations of each level must be two-digit and therefore padded with zeros, in our example 02.05.03 and 02.05.18.
Related classifications
- International patent classification to define the content of a patent
- Trademark Classification (Nice Classification of Services and Goods - Nice Agreement on the International Classification of Goods and Services for the Registration of Trademarks)
- Locarno Classification for Design (Classes of Goods for Design, International Classification for Commercial Samples and Models according to the Locarno Agreement)
literature
- Vienna Classification, 8th Edition, German Patent and Trademark Office, Munich ( PDF , German translation and description)
Web links
- Official website of the Vienna Classification Agreement at WIPO
- Text of the Vienna Classification Agreement (English)
- Information on the Vienna Classification at the DPMA
Individual evidence
- ^ Vienna Agreement, Contracting Parties WIPO, accessed on May 15, 2020.
