2.3 Searching for trade mark images/logos

2.3.1 The Vienna Classification system

The Vienna Classification system is a numbering system developed by the World Intellectual Property Organization (WIPO) to describe trade marks containing stylisation and/or images. The system aids in effective searching of trade marks which consist of, or contain, pictorial representations, words presented in a special form, ornamental motifs or other figurative elements.

Every trade mark on the New Zealand register that contains a stylised element has been assigned a relevant “Vienna Descriptor”.

The classification constitutes a hierarchical system that proceeds from the general to the particular. For instance:

A summary of the WIPO Vienna categories is included in Appendix Four to this guide. A full list of terms classified according to the WIPO Vienna Classification system can be found online at  http://www.wipo.int/classifications/nivilo/ or by following the WIPO link in the BUILD button as shown below.

IPONZ has supplemented the Vienna Descriptors by adding descriptors that are specific to New Zealand, for example native flora and fauna. These descriptors are listed in Appendix Four to this guide and can be found by following the NZ SPECIFIC link in the BUILD button as shown above.

Note that New Zealand’s Vienna descriptors may be used in conjunction with other descriptors that are not specific to New Zealand. For instance, if you wanted to search for a silver fern design, you may search under New Zealand descriptor 53.2.2, but also under 5.3.7 (ferns), 5.3.13 (stylised leaves) and 5.3.14 (stylised leaf).

2.3.2 Searching for a Trade Mark Using Vienna Descriptors

To do a basic trade mark search for the IPONZ logo using Vienna descriptors, enter the information as shown below:

Points to Note:

• Do not use spaces after the comma to separate descriptors.
• If you wildcard a Vienna classification for searching, make sure you place a full stop after the last number and before the wildcard (e.g. 5.3.*)

If any of these descriptors are searched singularly, or with other descriptors in that list, this trade mark will appear in the results list with other marks described in this manner. If a broad search was conducted under just “3” (animals) or “53” (Maori), every trade mark which had an animal image or a Maori image would be included in the results. Such a search can be too broad if the intended search is to find a trade mark with a pigeon only.

The more specific you want your search to be, the further you would define your image using Vienna descriptors. Take for example the old IPONZ logo.

The logo is in fact a stylised Kereru, or New Zealand wood pigeon. Kereru's splayed wings represent the flight of the imagination and double up as ponga fronds - symbolically New Zealand.
Inverted question marks are also incorporated into the logo to identify the process of thought and the quest for ideas and solutions.

The logo has been classified with the following Vienna descriptors: