TRADEMARK VIENNA CODIFICATION

INTRODUCTION

When you file your application, it goes through a process known as Vienna Codification. It is a crucial part of Trademark Registration process as it ensures that your trademark does not create any conflict with any other existing mark. The interesting thing about Vienna Codification it only applies on the trademark that include any kind of figure such as any symbol, element, shape, logo, design etc.., it means that if someone applies for a word mark that does not consist of any kind of device mark with it that trademark will not go for Vienna Codification.

The Vienna Agreement, which creates an international classification of the figurative aspects of marks and is governed by the World Intellectual Property Organization (WIPO), created the Vienna Codification on June 12, 1973, during the Vienna Diplomatic Conference. It includes 918 auxiliary parts that could be included in a trademark, 29 kinds of features that are further subdivided into 145 divisions, and 816 major sections.

SEND TO VIENNA CODIFICATION?

After filing your trademark, you can check your trademark status, and if it shows to “send to Vienna Codification” it means:

• Your mark consists of any kind of figure
• Now the registry checks its symbol/logo/design in 29 different categories and try to find out whether it is similar to any existing mark or not
• Then if approved the trademark get a Vienna Code, code assigned as the rules of Vienna Convention.

WHAT SHOULD APPLICANT DO?

No action is required to be done by the applicant when the mark is sent for Vienna Codification, all he can do is just check the status of the application as it will get changed and goes to another step of registration process. it’s essential to stay informed and be ready to modify your trademark if necessary.

NEED FOR VIENNA CODIFICATION

It might be challenging to distinguish between different logos that have several components if there is no structure in place to do so. Vienna The various figurative components that make up a logo can be categorized with the use of codification. It is a hierarchical framework that includes every conceivable figurative aspect, from general to specialized.

The components are separated into 29 categories, each of which has several subcategories.Read here Vienna Classification

ILLUSTRATIONS

Let’s understand Vienna Codification in Device Mark & Word Mark cases through illustrations

1.ChaiPatra” – Device Mark

Background:

Priya, an entrepreneur founder from Dharamshala, Himachal Pradesh, opened a boutique tea café chain called ChaiPatra (Hindi for “tea leaf”). Inspired by the Himalayan lifestyle and sustainable tourism, she built her brand around authenticity, nature, and eco-awareness. The logo of the café contains a traditional kulhad (clay cup) with steam that creatively evolves into a green leaf representing purity and freshness.

Trademark Application & Vienna Codification:

To protect both the brand name as well as the distinctive logo, Priya registered a trademark application with the Indian Trademarks Registry. Since there are elements of figurative in the logo, the application was Vienna Codified a general classification procedure followed around the world for trademarks which include visual or design elements.

Codification Details:

• The kulhad was categorized under Vienna Code 11.3, which pertains “containers for beverages, plates and dishes, kitchen utensils for serving, preparing or cooking food or drink”
• The leaf-shaped steam element was assigned Vienna Code 5.3, representing “leaves, needles, branches with leaves or needles”

These codes allow the Registry to efficiently search for pre-existing trademarks with similar visual elements, particularly within the same or related industries, such as food, beverages, or wellness.

Outcome:

After the Vienna Codification, there were no conflicting or misleadingly similar trademarks. The application went through the examination and publication phase without any objections.

Conclusion:

While Vienna Codification did not ask Priya for direct action, her awareness of the process enabled her to monitor her application more efficiently and predict review timelines. This codification step was an added layer of defense, enabling her to ensure the distinctiveness of her brand’s visual identity.

2. “TechVed” – Word Mark

Background:

TechVed, a Mumbai-based software development and UX consulting company, was established by Ramesh and his university friends. The company, which focuses on e-governance and health-tech solutions, took a clean and contemporary branding strategy. Their trademark was the word “TechVed” in a sans-serif, bold font with no logos or ornamental details.

Trademark Application & Vienna Codification:

Since the application was for a pure wordmark without any visual elements, it circumvented Vienna Codification completely. The Indian Trademarks Registry held that the mark contained no figurative matter, and the application went straight to the examination stage.

Examination Process:

At this point, the mark was tested for textual uniqueness, phonic similarities, and conflicts with existing wordmarks. The Registry deemed “TechVed” sufficiently unique within its class and approved it for publication and registration.

Conclusion:

Firms such as TechVed, which register purely text trademarks, are advantaged by a streamlined and sometimes quicker registration process. Yet, even in the case where there are no design elements, it is still important that the wordmark itself is unique and not deceptively close to marks that already exist.

CONCLUSION

Vienna Codification is a decisive factor in safeguarding the integrity of the system of trademark registration, particularly of marks with figurative elements such as logos, symbols, and designs. By having a systematic and internationally accepted means of classifying visual elements, it guarantees that trademarks are unique and do not conflict with one another.

The Vienna codification process holds even more importance in cases where a copyright is being filed for an artistic work which is being used in relation to goods and services. The Vienna codification process thus, helps the Trade Marks Registry to analyse the visual and figurative elements of existing trademarks in its records and compare it with the proposed copyright and generate an examination report prior to the issuance of search certificate under section 45 of the Copyright Act, 1957.

Although there are no immediate actions that applicants must take during this period, keeping up to date with the process can assist in anticipating issues and having a solid, legally sound brand identity. Familiarity with and respect for the Vienna Codification system is not a mere technical nicetyit’s a prudent step toward future brand protection.