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 images and/or stylised features that make up a trade mark. 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 One 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/.

IPONZ has supplemented the Vienna Descriptors by adding descriptors that are specific to New Zealand, for example native flora and fauna.

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 search for stylised and/or image elements of a mark, use the Vienna Classification box. Searches using Vienna descriptors can be conducted in much the same way as mark Title searches, using AND, OR and AND NOT. You can also search using Vienna descriptors by the subcategory.

A search for this application can be made by:

• Searching for each Vienna descriptor individually 3.7.11 3.7.21 3.7.24 24.17.1 53.1.20
• Searching for combinations of individual Vienna descriptors 3.7.11 AND 3.7.24 OR 3.7.24 AND 24.17.1
• Searching for all Vienna descriptors in a sub-categories 53.1 (this will return results for any mark which contains a Vienna descriptor which starts with 53.1)
• Searching for combinations of sub-categories 3.7 AND 53.1 (this will return hits of Vienna descriptors which contain a bird of any type and a Māori design)
• Searching for some Vienna descriptors but eliminating others 3.7.21 AND 3.7.24 AND NOT 3.7.1 (this will return hits of marks containing other birds and birds stylised but exclude marks which also contain the Vienna descriptor for eagles)