Vienna Codification

Vienna Codification

Introduction of Vienna Codification

The Vienna Codification was established on June 12, 1973 at the Vienna Diplomatic Conference by the Vienna Agreement which establishes an international classification of the figurative elements of marks and regulated by the World Intellectual Property Organization (WIPO). It contains 29 categories of elements which are further divided into 145 divisions, 816 main sections, and 918 auxiliary sections that may form part of a Trademark.

Later, The Vienna Codification was revised by the Committee of Experts of the Vienna Union. It is a part of the brand name registration process. If a trademark consists of figurative elements or logo, then said application will process under Vienna Codification.

It is an international classification standard which includes a hierarchical system that begins from general to specific, classifying figurative elements of marks into divisions and sections, on the basis of their shape.

All the images, symbols, color, shapes etc. forming part of logo of brand name, are assigned a unique code according to the Vienna Classification of Figurative Elements. It is said to be the internal procedures of the Ministry. Vienna Agreement is the WIPO-regulated multilateral treaty that builds up the Vienna Classification. With Vienna Codification logo’s search is done.

The EUIPO utilizes an altered version of the Vienna Classification controlled by WIPO, called the EUIPO Vienna Classification Manual.

How Vienna Code applies to a Trademark?

The trade mark status in the Indian Trade Mark Registry website as “Send to Vienna Codification” when the brand name consists of figurative elements/logo and being assigned a Vienna Code by the Indian Registry. As soon as new trade mark application is filed, a Vienna Code is assigned if the brand name includes figurative elements/logo. The Vienna code is assigned based on the nature of the figurative element/logo.  After submission of application, the Indian Registry goes through certain levels of inspection for authenticity of the said given mark.

The Status “Send to Vienna Codification” is only applicable to non-text trademarks. Once the codification is done, the status of brand name application changes to Formalities Check Pass or Formalities Check Fail.

The standard consists of a hierarchy system where all the figurative elements of a mark are divided into different categories, divisions and section.

For instance, the figure of 'a young lady eating' would have a place with Category 2 (Human Beings), Division 5 (Children), Main Section 3 (Girls), so the Vienna Code would be 2.5.3 [2 – being the Category, 5 – being the Division and 3 – being the Main Section].¹

If a Trade Mark comprises of more than single word, letters, numbers, shape, plan, textual style, figures or a combination thereof in its logo, and simultaneously every component has its own unique character, than these components would fall under their particular class, division and section individually. For instance, if a logo includes a man in uniform, riding a horse and playing a trumpet, the Vienna Codes for the said imprint would be 2.1.2 [armed men or men wearing an Armor or uniform]; 2.1.20 [Men mounted on or joined by a horse] and 2.1.9 [Musicians, men with melodic instruments] separately.

Purpose & Scope of EUIPO Vienna Classification

a. In order to draw, Union Search Report, all figurative elements are classified;

b. All figurative elements are classified to perform similarity searches;

c. Same classification allows user to search marks in EUIPO’S online search tools;

STRUCTURE OF THE EUIPO VIENNA CLASSIFICATION MANUAL

The auxiliary sections (A) are proposed for figurative components that are as of now secured by the principle section (*) and give extra information that is viewed as valuable for ease of anticipation searching. The sections made by the EUIPO are shown with an 'O'.

Each class, division and section has been given a number according to a special coding framework. Each figurative component in a part is referred to by three numbers: first (a figure from 1 to 31) demonstrates the class; second shows the division (a figure from 1 to 99); and the third demonstrates segment (a figure from 1 to 99).

The number of divisions and sections changes as per the classes and divisions to which they have belong.

Languages OF THE EUIPO VIENNA CLASSIFICATION

a. English;

b. French;

BY:-

ANKITA MISHRA