- Home
- Part 1 Introduction, Quality
- 1. Introduction
- 2. Quality Management at IP Australia
- 3. Monitoring and Measuring Quality at IP Australia
- 4. Examination Quality Standards
- 5. Practice Change Procedure
- Part 2 General Filing Requirements
- Relevant Legislation
- 1. How a document is filed
- 2. Filing of Documents - requirements as to form
- 3. Non-compliance with filing requirements
- 4. Filing Process (excluding filing of applications for registration)
- Part 3 Filing Requirements for a Trade Mark Application
- Relevant Legislation
- 1. Who may apply?
- 2. Form of the application
- 3. Information required in the application
- 4. When is an application taken to have been filed?
- 5. The reason for having minimum filing requirements
- 6. The minimum filing requirements
- 7. Consequences of non compliance with minimum filing requirements
- 8. Other filing requirements
- 9. Fees
- 10. Process procedures for non payment or underpayment of the appropriate fee
- 11. Process procedures for the filing of a trade mark application
- Part 4 Fees
- Relevant Legislation
- 1. Fees - general
- 2. Circumstances in which fees are refunded or waived
- 3. Procedures for dealing with "fee" correspondence
- 4. Underpayments
- 5. Refunds and or waivers
- 6. No fee paid
- 7. Electronic transfers
- 8. Disputed credit card payments/Dishonoured cheques
- Part 5 Data Capture and Indexing
- Part 6 Expedited Examination
- Part 7 Withdrawal of Applications, Notices and Requests
- Relevant Legislation
- 1. Withdrawal of an application, notice or request
- 2. Who can withdraw an application, notice or request?
- 3. Procedure for withdrawal of an application, notice or request
- 4. Procedure for withdrawal of an application to register a trade mark
- Part 8 Amalgamation (Linking) of Trade Marks
- Relevant Legislation
- 1. Amalgamation of applications for Registration (Transitional)
- 2. Amalgamation (Linking) of Trade Marks under the Trade Marks Amendment Act 2006
- Part 9 Amendments and Changes to Name and Address
- Relevant Legislation
- 1. Introduction
- 2. Amendment of an application for a registration of a trade mark - general information
- 3. Amendment before particulars of an application are published (Section 64)
- 4. Amendment after particulars of an application have been published (Sections 63, 65 and 65A)
- 5. Amendments to other documents
- 6. Amendments after registration
- 7. Changes of name, address and address for service
- 8. Process for amendments under subsection 63(1)
- Part 10 Details of Formality Requirements
- Relevant Legislation
- Introduction
- 1. Formality requirements - Name
- 2. Formality requirements - Identity
- 3. Representation of the Trade Mark - General
- 4. Translation/transliteration of Non-English words and non-Roman characters
- 5. Specification of goods and/or services
- 6. Address for service
- 7. Signature
- 8. Complying with formality requirements
- Annex A1 - Abbreviations of types of companies recognised as bodies corporate
- Annex A2 - Identity of the applicant
- Part 11 Convention Applications
- Relevant Legislation
- 1. Applications in Australia (convention applications) where the applicant claims a right of priority
- 2. Making a claim for priority
- 3. Examination of applications claiming convention priority
- 4. Convention documents
- 5. Cases where multiple priority dates apply
- 6. Recording the claim
- 7. Effect on registration of a claim for priority based on an earlier application
- Part 12 Divisional Applications
- Relevant Legislation
- 1. Divisional applications - general
- 2. Why file a divisional application?
- 3. Conditions for a valid divisional application filed on or after 27 March 2007
- 4. In whose name may a divisional application be filed?
- 5. Convention claims and divisional applications
- 6. Can a divisional application be based on a parent application which is itself a divisional application? What is the filing date in this situation?
- 7. Can the divisional details be deleted from a valid divisional application?
- 8. Divisional applications and late citations - additional fifteen months
- 9. Divisional Applications and the Intellectual Property Laws Amendment (Raising the Bar) Act 2012
- Annex A1 Divisional Checklist
- Part 13 Application to Register a Series of Trade Marks
- Relevant Legislation
- 1. Series of Trade Marks - Act
- 2. Material Particulars
- 3. Provisions of Paragraphs 51(1)(a),(b) and (c)
- 4. Applying Requirements for Material Particulars and Provisions of Paragraphs 51(1)(a), (b) and (c)
- 5. Restrict to Accord
- 6. Examples of Valid Series Trade Marks
- 7. Examples of Invalid Series Trade Marks
- 8. Divisional Applications from Series
- 9. Linking of Series Applications
- 10. Colour Endorsements
- Part 14 Classification of Goods and Services
- Relevant Legislation
- 1. The purpose of classification
- 2. The classification system
- 3. Requirement for a clear specification and for correct classification
- 4. Classification procedures in examination
- 5. Principles of classification and finding the correct class for specific items
- 6. Wording of the specification
- 7. Interpretation of specifications
- 8. International Convention Documents
- Annex A1 - History of the classification system
- Annex A2 - Principles of classification
- Annex A3 - Registered words which are not acceptable in specifications of goods and services
- Annex A4 - Searching the NICE classification
- Annex A5 - Using the Trade Marks Classification Search
- Annex A6 - Cross search classes - pre-June 2000
- Annex A7 - Cross search classes - June 2000 to December 2001
- Annex A8 - Cross search classes from 1 January 2002
- Annex A9 - Cross search classes from November 2005
- Annex A10 - Cross search classes from March 2007
- Annex A11 - Cross search classes from January 2012
- Annex A12 - Cross search classes from January 2015
- Annex A13 - List of terms too broad for classification
- Part 15 General Provision for Extensions of Time
- Relevant Legislation
- 1. When the general provision applies
- 2. When the general provision does not apply
- 3. Circumstances in which the Registrar must extend time
- 4. Grounds on which the Registrar may grant an extension of time
- 5. Form of the application
- 6. Extensions of time of more than three months
- 7. Review of the Registrar's decision
- Part 16 Time Limits for Acceptance of an Application for Registration
- Relevant Legislation
- 1. What are the time limits for acceptance of an application to register a trade mark?
- 2. Response to an examination report received within four (or less) weeks of lapsing date
- Part 17 Deferment of Acceptance
- Relevant Legislation
- 1. Deferment of Acceptance - introduction
- 2. Circumstances under which deferments will be granted
- 3. Period of deferment
- 4. The deferment process where the applicant has requested deferment
- 5. The deferment process where the Registrar may grant deferment on his or her own initiative
- 6. Termination of deferment
- 7. Transitional practice
- Annex A1 - Deferment of acceptance date - Grounds and time limits
- Part 18 Finalisation of Application for Registration
- Relevant Legislation
- 1. Introduction
- 2. Accepting an application for registration
- 3. Rejection of an application for registration
- Part 19A Use of a Trade Mark
- Relevant Legislation
- 1. Use of a trade mark generally
- 2. Use 'as a trade mark'
- 3. Use 'in the course of trade'
- 4. Australian Use
- 5. Use 'in relation to goods or services'
- 6. Use by the trade mark owner, predecessor in title or an authorised user
- 7. Use of a trade mark with additions or alterations
- 8. Use of multiple trade marks
- Part 19B Rights Given by Registration of a Trade Mark
- Relevant Legislation
- 1. The trade mark as property
- 2. What rights are given by trade mark registration?
- 3. Rights of an authorised user of a registered trade mark
- 4. The right to take infringement action
- 5. Loss of exclusive rights
- Part 20 Definition of a Trade Mark and Presumption of Registrability
- Relevant Legislation
- 1. Definition of a trade mark
- 2. Background to definition of a trade mark
- 3. Definition of sign
- 4. Presumption of registrability
- 5. Grounds for rejection and the presumption of registrability
- Part 21 Non-traditional Signs
- Relevant Legislation
- 1. Non-traditional signs
- 2. Representing non-traditional signs
- 3. Shape (three-dimensional) trade marks
- 4. Colour and coloured trade marks
- 5. "Sensory" trade marks - sounds and scents
- 6. Sound (auditory) trade marks
- 7. Scent trade marks
- 8. Composite trade marks - combinations of shapes, colours, words etc
- 9. Moving images, holograms and gestures
- 10. Other kinds of non-traditional signs
- Part 22 Section 41 - Capable of Distinguishing
- Relevant Legislation
- 1. Registrability under section 41 of the Trade Marks Act 1995
- 2. Presumption of registrability
- 3. Inherent adaptation to distinguish
- 4. Trade marks considered sufficiently inherently capable of distinguishing
- 5. Trade marks that have limited inherent capacity to distinguish but are not prima facie capable of distinguishing
- 6. Trade marks having no inherent adaptation to distinguish
- 7. Examination
- Registrability of Various Kinds of Signs
- 8. Letters
- 9. Words
- 10. Phonetic equivalents, misspellings and combinations of known words
- 11. Words in Languages other than English
- 12. Slogans, phrases and multiple words
- 13. Common formats for trade marks
- 14. New terminology and "fashionable" words
- 15. Geographical names
- 16. Surnames
- 17. Name of a person
- 18. Summary of examination practice in relation to names
- 19. Corporate names
- 20. Titles of well known books, novels, stories, plays, films, stage shows, songs and musical works
- 21. Titles of other books or media
- 22. Numerals
- 23. Combinations of letters and numerals
- 24. Trade marks for pharmaceutical or veterinary substances
- 25. Devices
- 26. Composite trade marks
- 27. Trade marks that include plant varietal name
- Annex A1 Section 41 prior to Raising the Bar
- Annex A2 Flowchart of "Capable of Distinguishing"
- Part 23 Overcoming Grounds for Rejection under Section 41 - including Evidence of Use
- Relevant Legislation
- 1. Introduction
- 2. Submissions in rebuttal, amendments and informal information
- 3. Evidence of use - general requirements
- 4. Examining evidence - general
- 5. Specific evidence requirements for trade marks with no inherent adaptation to distinguish
- 6. Endorsements for applications overcoming section 41 grounds for rejection
- Annex A1 - Information for applicants on the preparation and presentation of a declaration including model layout
- Annex A2 - Model layout for statutory declaration/affidavit
- Annex A3 - Model layout for supporting statutory declaration
- Annex A4 - How to supply evidence of use of a Trade Mark under subsection 41(5) - for trade marks with a filing date prior to 15 April 2013
- Annex A5 - How to supply evidence for use of a Trade Mark under subsection 41(6) - for trade marks with a filing date prior to 15 April 2013
- Annex A6 - How to supply evidence of use of a trade mark under subsection 41(4) - for trade marks with a filing date on or after 15 April 2013
- Annex A7 - How to supply evidence of use of a trade mark under subsection 41(3) - for trade marks with a filing date on or after 15 April 2013
- Part 24 Disclaimers
- Relevant Legislation
- 1. What is a disclaimer?
- 2. Request for a voluntary disclaimer
- 3. Effect of a disclaimer on registration
- 4. Effect of a disclaimer on examination
- 5. Amendment of disclaimers
- 6. Revocation of disclaimers
- Part 26 Section 44 and Regulation 4.15A - Conflict with Other Signs
- Relevant Legislation
- 1. Introduction to section 44 and regulation 4.15A
- 2. Presumption of registrability and the application of section 44
- 3. Cross Class Search List
- 4. Similarity of goods and services
- 5. Similarity of trade marks
- 6. Factors to consider when comparing trade marks
- 7. Trade marks with the same priority/filing date
- 8. Assignment of applications and registrations
- 9. Grounds for rejection when the citation is in its renewal period
- Annex A1 - Citing multiple names
- Part 27 Overcoming Grounds for Rejection under Section 44
- Relevant Legislation
- 1. Introduction
- 3. Amending the goods and/or services of the applicant's specification
- 4. Negotiation with owner/s of conflicting trade mark/s
- 5. Filing evidence of honest concurrent use, prior use or other circumstances
- 6. Removal of the conflicting trade mark
- 7. Dividing the application
- Annex A1 - An example of a letter of consent
- 2. Legal submissions
- Part 28 Honest Concurrent Use, Prior Use or Other Circumstances
- Relevant Legislation
- 1. Introduction
- 2. Honest concurrent use - paragraph 44(3)(a)
- 3. Examining evidence of honest concurrent use - the five criteria
- 4. Other circumstances - paragraph 44(3)(b)
- 5. Conditions and limitations to applications proceeding under subsection 44(3)
- 6. Prior use - subsection 44(4)
- 7. Examining evidence of prior use
- 8. Endorsements where the provisions of subsection 44(3) or 44(4) and/or reg 4.15A are applied
- Annex A1 - Information sheet for trade mark applicants - Evidence of honest and concurrent, prior use or other circumstances
- Part 29 Section 43 - Trade Marks likely to Deceive or Cause Confusion
- Relevant Legislation
- 1. Trade marks likely to deceive or cause confusion
- 2. Connotation
- 3. Deception and confusion as a result of a connotation within a trade mark
- 4. Descriptions of goods/services
- 5. International Non-Proprietary Names and INN Stems
- 6. Names of Persons
- 7. Phonewords and Phone Numbers
- 8. Internet Domain Names
- 9. Geographical References
- 10. Claims to Indigenous Origin
- Annex A1 - Table of INN stems
- Part 30 Signs that are Scandalous and Use Contrary to Law
- Relevant Legislation
- 1. Introduction
- 2. Scandalous signs
- 3. Use contrary to law
- Annex A1 - Examples of Legislation which may trigger the provisions of section 42(b)
- Annex A2 - Official notice re copyright in the Aboriginal Flag
- Annex A3 - Defence force prohibited terms and emblems
- Annex A4 - Major Sporting Events protected words
- Part 31 Prescribed and Prohibited Signs
- Relevant Legislation
- 1. Prohibited signs - subsection 39(1)
- 2. Prescribed signs - subsection 39(2)
- 3. When does a ground for rejection exist under subsection 39(2)?
- 4. Practice regarding the signs prescribed under subsection 39(2) appearing in subreg 4.15
- 5. Other information relevant to examining trade marks that contain a prohibited and prescribed sign
- Part 32A Examination of Trade Marks for Plants (in Class 31)
- Relevant Legislation
- 1. Introduction
- 2. Examination of Plant Trade Marks
- 2.1 Section 42: Contrary to Law
- 2.2 Section 39: Prescribed Signs
- 2.3 Section 41: Capacity to Distinguish
- 2.4 Section 43: Deception and Confusion
- 2.5 Section 44: Comparison of Trade Marks
- 2.6 Non-Roman characters (NRC) and transliterations in class 31 plant examination
- Annex 1 - Applicable Section of the PBR Act
- Annex 2 - Applicable Sections of the UPOV Convention
- Annex 3 - Applicable Sections of the ICNCP
- Annex 4 - An Example of a PBR Letter of Consent
- Annex 5 - Case Law Summaries
- Annex 6 - How to Supply Evidence of Use of a Trade Mark for Plants and/or Plant Material
- Part 32B Examination of Trade Marks for Wines (in Class 33)
- Relevant Legislation
- 1. Introduction
- 2. Examination of Wine Trade Marks
- 2.1 Section 42: Contrary to Law
- 2.2 Section 43: Deception and Confusion
- 2.3 Section 41: Capacity to Distinguish
- 2.4 Section 44: Comparison of Trade Marks
- 3. Protected Terms in Specifications of Goods
- Part 33 Collective Trade Marks
- Relevant Legislation
- 1. What is a collective trademark?
- 2. Application of Act
- 3. Application for registration
- 4. Limitation on rights given by registered collective trade marks
- 5. Assignment or transmission of collective trade marks
- 6. Infringement of collective trade marks
- Part 34 Defensive Trade Marks
- Relevant Legislation
- 1. Australian trade marks law and defensive trade marks
- 2. Requirements for the filing of a defensive trade mark
- 3. Section of the Act NOT applying to defensive trade marks
- 4. Registrability of defensive trade marks
- 5. Grounds for rejection under Division 2 of Part 4 of the Act
- 6. Grounds for rejecting a defensive application under section 187
- 7. Evidence required for defensive applications
- 8. Rights given by defensive registration
- 9. Grounds for opposing a defensive registration
- 10. Cancellation of defensive trade marks
- Part 35 Certification Trade Marks
- Relevant Legislation
- 1. What is a certification trade mark?
- 2. Certification trade marks and geographical indications (GIs)
- 3. Sections of the Act NOT applying to certification trade marks
- 4. The registrability of certification trade marks
- 5. Rights given by, and rules governing the use of, certification trade marks
- 6. Assessment by the Australian Competition and Consumer Commission (ACCC)
- 7. Opposition to the registration of a certification trade mark
- 8. Variation of rules
- 9. Assignment of registered certification trade marks
- 10. Assignment of unregistered certification trade marks
- 11. Transmission of certification trade marks
- 12. Rectification of the Register and variation of rules by order of the court
- Annex A1 - Certification Trade Marks flow chart
- Part 38 Revocation of Acceptance
- Relevant Legislation
- 1. What is revocation of acceptance?
- 2. Reasons for revocation
- 3. Revocation process
- Part 39 Registration of a Trade Mark
- Relevant Legislation
- 1. Overview of registration
- 2. Particulars of registration
- 3. Format of Certificate of registration
- 4. Timing
- 5. Date and term of registration
- 6. Registration fees
- 7. Registration process
- 8. Notification of Protection process for International Registrations Designating Australia
- Annex A1 - Certificate of Registration
- Part 40 Renewal of Registration
- Part 41 Cancellation of Registration
- Relevant Legislation
- 1. What is the effect of cancelling a registration?
- 2. Why is a registration cancelled?
- 3. Cancellation process
- Part 42 Rectification of the Register
- Relevant Legislation
- 1. What is rectification?
- 2. What part does the Registrar play in rectification actions brought by a person aggrieved?
- 3. Rectification procedures
- Annex A1 - Flow chart of rectification procedure
- Part 43 Assignment and Transmission
- Relevant Legislation
- 1. What is assignment and transmission?
- 2. Timing for assignment
- 3. Application to record assignment etc
- 4. Process for assigning all goods and/or services (full assignment)
- 5. Process for assigning only some goods and/or services (partial assignment)
- 6. Process for assignment of certification trade marks
- 7. Transmission of certification trade marks
- Part 44 Claim of Interest or Rights in a Trade Mark
- Relevant Legislation
- 1. Background
- 2. Effect of recording the claim
- 3. When can the interest be recorded?
- 4. Recording the claim
- 5. Amending the record of a claim
- 6. Cancelling the record of a claim
- Part 45 Copies of Documents
- Relevant Legislation
- 1. Documents copied by the Office
- 2. Types of copies requested
- Annex A1 - Flow chart of production of copies/certified copies
- Part 46 Grounds for Opposition to Registration or Protection
- Relevant Legislation
- References used in this part
- 1. What is opposition to registration or protection?
- 2. The Registrar’s role in an opposition
- 3. When registration or protection can be opposed
- 4. Grounds for opposition to registration of national trade marks
- 5. Grounds for opposition to protection of international trade marks
- Part 47 Procedures for Opposing Registration or Protection
- Relevant Legislation
- 1. Filing a notice of opposition
- 2. Request to amend a notice of intention to oppose or a statement of grounds and particulars
- 3. Filing a notice of intention to defend
- 4. Opposition may proceed in the name of another person
- 5. Making Convention documents available to opponent
- Part 48 Removal of a Trade Mark from the Register for Non-use
- Relevant legislation
- References used in this part
- 1. What if a trade mark is not used?
- 2. Application for removal/cessation of protection for non-use
- 3. Opposition to a non-use application
- 4. Application for extension of time to oppose the non-use application where the trade mark is already removed
- 5. Grounds on which a non-use application may be made
- 6. Burden on opponent to establish use of a trade mark
- 7. Authorised use by another person
- 8. Use by an assignee
- 9. Localised use of trade mark
- 10. Circumstances that were an obstacle to the use of a trade mark
- 11. Where there is no evidence in support of the opposition
- 12. Registrar's discretion in deciding an opposed non-use application
- 13. Registrar to comply with order of court
- 14. Right of appeal
- 15. Certificate - Use of a trade mark
- Part 49 Non-use Procedures
- Relevant legislation
- 1. Application for removal or cessation of protection of a trade mark for non-use
- 2. Opposition to non-use application
- 3. Amendment to notice of intention to oppose or statement of grounds and particulars
- 4. Notice of intention to defend
- 5. Opposition may proceed in the name of another person
- 6. Opposition proceedings
- Part 51 General Opposition Proceedings
- Relevant Legislation
- 1. Evidence
- 2. Extension of the period for filing evidence
- 3. Cooling-Off Period
- 4. Suspensions
- 5. Hearing of the opposition
- 6. Dismissal or discontinuance of proceedings
- 7. Award of costs
- 8. Rights of appeal
- 9. Period in which a trade mark can be registered/protected
- 10. Guidelines for Revocation of Acceptance of Opposed trade marks
- 11. Unilateral Communications with Hearing Officers
- Part 52 Hearings, Decisions, Reasons and Appeals
- Relevant Legislation
- References used in this Part
- 1. What is a decision?
- 2. What is a hearing?
- 3. Is a hearing always necessary?
- 4. Role and powers of the Registrar in hearings
- 5. Rights of appeal from decisions of the Registrar
- 6. Appeals from decisions of the Federal Court etc.
- 7. Implementation of decisions
- 8. Service of documents on the Registrar
- Part 54 Subpoenas, Summonses and Production of Documents
- Relevant Legislation
- 1. Subpoenas
- 2. Summonsing a witness
- 3. Production of documents
- Annex A1 - Consequences of mishandling a subpoena
- Annex A2 - Format of a summons to witness
- Annex A3 - Format of notice requiring production
- Part 55 Costs
- Relevant Legislation
- 1. Legislative Basis
- 2. Award of costs
- 3. Applications for an award of costs
- 4. Determination of the amount of costs
- 5. Full costs where certificate of use of a trade mark provided to removal applicant
- 6. Costs recovery
- 7. Security for costs
- Annex A1 - Taxing of costs in "multiple" oppositions relying on same evidence
- Part 60 The Madrid Protocol
- Relevant Legislation
- Glossary
- 1. Introduction
- 2. International Applications
- 2.1 General Description
- 2.2 International Application Form
- 2.3 Data Entry
- 2.4 Certifying Process
- 2.5 Fees for International Applications
- 2.6 Renewal
- 3. The Basic Application or Basic Registration (Basic Trade Mark)
- 4. International Registrations that have Designated Australia
- 4.1 General Description
- 4.2 Record of International Registrations
- 4.3 Filing/Data Capture/Allocation of Australian Trade Mark Number
- 4.4 Indexing
- 4.5 Expedite
- 4.6 Classification of Goods and Services
- 4.7 Examination of an IRDA
- 4.8 Reporting on an IRDA
- 4.9 Provisional Refusal
- 4.10 Amendments
- 4.11 Deferment of Acceptance
- 4.12 Extension of Time
- 4.13 Final Decision on Provisional Refusal Based on Examination
- 4.14 Acceptance
- 4.15 Revocation of Acceptance
- 4.16 Extension of Time to File Notice of Opposition to Protection
- 4.17 Opposition to Protection
- 4.18 Protection
- 4.19 Cessation or Limitation of Protection
- 4.20 Cessation of Protection because of Non-Use
- 4.21 Opposition to Cessation of Protection because of Non-Use
- 4.22 Renewal
- 4.23 Claim to Interest in, or Right in Respect of a Trade Mark
- 4.24 Change in Ownership of an International Registration
- 4.25 Transformation
- 4.26 Replacement
- 4.27 Customs
- Part 61 Availability of Documents
- Relevant Legislation
- 1. Availability of Documents
- 2. Accessing Documents
- 3. Documents to be made Available for Public Inspection (API)
- 4. Information that the Registrar of Trade Marks will Not Accept in Confidence
- 5. Confidential Information in Correspondence
- 6. Policy in relation to TM Headstart
- Part 62 Revocation of Registration
- Relevant Legislation
- 1. What is revocation of registration?
- 2. Prerequisites to revocation of registration
- 3. Factors to be taken into account before deciding whether revocation of registration is reasonable
- 4. Circumstances under which registration may be revoked
- 5. Mandatory revocation
- 6. Right of appeal: revocation of registration
- 7. Extension of time
- 8. Amendment or cessation of protection by Registrar of Protected International Trade Marks (PITMs)
- 9. Registrar must notify Customs if protection of a PITM is revoked
- 10. Right of appeal: cessation of protection
Device Constituents
Note: The trade marks contained within this document are for educational purposes only. Unauthorised use of a similar or identical trade mark to the trade mark(s) of another party could result in legal action.
In this topic:
Device Phrases
The device phrase is a brief description of the device shown towards the top of the screen on when searching the trade marks database under the heading 'IMAGE'. It is merely a quick description of the trade mark and is not used for searching purposes. Device constituents are separate to the device phrase and are used for searching purposes.
These are discussed in later sections.
Conventions used in device phrases
- The device constituent terms are generally used, but non-inverted terms are preferred. For example, 'Chinese hat' is written instead of the glossary term HAT,CHINESE. In some cases it might not be possible to avoid such awkward constructions as GLOBE,MERIDIANS in a phrase.
- Sometimes a device will contain an element for which no glossary term exists or a specific term does not exist in the glossary. Specific terms are preferable in the device phrase whereas more general terms can be entered as a device constituent. For example, as no device constituent term exists for Aloe Vera, it is described as ALOE VERA in the phrase, while the terms PLANT and CACTUS are assigned as constituents. The specific word 'Greyhound' is used rather than DOG,GREYHOUND.
- Abbreviations are used wherever possible. A list of standard abbreviations used in device phrases is below:
AND | & |
PARALLELOGRAM | P'GRAM |
STYLISED | STYL. |
RECTANGLE | RECT. |
SILHOUETTE | SILH. |
Device phrase operators
The following verbs and prepositions are conventions used in device phrases.
BREAKS
Zig-zag breaks double ellipse
Car breaks spanner breaks oval
CUTS
Rectangle cuts satellite dish
OVERLAPS
Arrow overlaps square,extended sides
INDENTS
Star indents triangle
EXTEND
Stripes extend from 4 balls with explosion
ATOP
Square atop circle beside arrowhead
Hair atop curved rectangle; or hat
BELOW
Striped semi-circle below eccentric semi-circles
Curved star below arc of 5 stars
BESIDE
Disc beside chevron, broken
IN
Map of Australia in globe, meridians
Face in screen
BETWEEN
Pile of blocks or cubes between 2 worms
Words between 2 sugar cane stalks
How are Images Indexed?
Device elements are indexed or described using a pre-determined set of terms. These terms are known as device constituents. A Glossary of all the device constituents is provided.
Generally, the number of terms used to describe a device is around six. This is a rough guide to keep the searching of devices as simple as possible. However, where it is warranted, the number of terms may exceed six. There are some circumstances where it is not advisable to put an arbitrary limit on constituents, for example, some series marks or marks with multiple distinctive elements, people or objects.
The following are general considerations used when indexing trade marks in order to keep the number of constituents to six per record if possible. Generally, it is important to avoid overlap in concepts, and terms which are not useful in searching. Also, these considerations are not absolute rules and are applied on a case by case basis.
Geometric Borders
Simple shapes such as circles, ellipses and frames are omitted where they act merely as a 'carrier' for significant device elements in the trade mark. Geometric shapes are usually only indexed where they are an integral part of the whole trade mark, or where the trade mark consists of only one letter and a simple device.
Conventional decorative elements
(a) as borders
Where decorative elements form a frame or border around significant figures or scenes they are generally not indexed, for example, leaves, arabesques, medals, scrolls. The borders in themselves are not distinctive when the trade mark as a whole is considered.
(b) as minor details in a scene
Minor elements that are included in a trade mark in a decorative fashion are also generally not indexed. Examples of these would be shields, stars, asterisks, wreaths.
Generally it is the main 'idea' of the mark that is significant and that needs to be captured with the appropriate device constituent terms. For complex trade marks with many distinctive elements, decorative elements such as borders, scrolls and wreaths are less important. In the case of trade marks where the decorative elements are the main or only constituents, these elements will be captured.
The example below is of a complex trade mark with decorative elements surrounding the central figures which are the main feature or 'idea' of the mark
Phrase: | AMERICAN INDIAN CHIEF & GREEK OR ROMAN WOMAN IN TROPICAL SCENE |
Constituents: | AMERICAN-INDIAN | WOMAN | GREEK | ROMAN | SCENE,TROPICAL | PERSON |
In this case only the central figures would be described in the constituents as they constitute the most distinctive part of the trade mark. The other decorative elements are secondary.
Types of Terms (Descriptors)
A glance at the Glossary of Device Constituents will show you that Glossary terms can be:
- single word descriptions,
- hyphenated terms, or
- double word terms joined by a comma
Terms can be the names of objects such as KANGAROO or STICK-FIGURE, or they can be qualifying descriptors such as CARTOON or SEATED.
Device constituents do not contain spaces. This means that items like 'coat of arms', 'five point', 'Opera House' cannot be entered as separate words. They are entered as a string of words separated by hyphens.
'Comma terms' bring similar items together in the Glossary. The first part of these terms is the main feature and the second part is the qualifier. Thus all types of DOG or HAT or WHEEL are brought together. Maps are all grouped together under the common prefix MAP as in MAP,AUSTRALIA or MAP,WA.
Plurals of words are entered with a plus sign as in WAVE+ for 'waves' or FLAME+ for 'flames'.
The Glossary contains some cross referencing. However, similar terms have been grouped for ease of reference. Lists of the grouped terms are available in later sections. There are groups of terms for:
CLOTHING, SPORTSPEOPLE, PARTS OF THE BODY, ACTIONS, TOOLS AND FOOD (NOT FRUIT & VEGS OR NUTS)
Another important grouping of similar terms involves the use of Top Level Terms. These terms are broad terms that cover a range of specific terms. For example, the top level term FRUIT would cover APPLE, RASPBERRY, LEMON, GRAPE and so on. Searching for the top level term FRUIT will return all trade marks including any of the sub-terms. Again, a list of top level terms is provided in later sections.
Using Qualifying Terms
If the device is common, qualifications are usually required in order to more accurately describe the nature of the device.
There are rules for when to use some qualifying terms. The following should be noted:
TERM | APPLIES TO | TERM | APPLIES TO |
SEATED | people | SITTING | animals |
FLYING | people/animals/objects | FLIGHT | birds |
JUMPING | people | LEAPING | animals |
SWIMMER | people | SWIMMING | animals |
DANCER | people | DANCING | animals |
CLIMBER | people | CLIMBING | plants/animals |
RUNNER | sportsmen | RUNNING | animals/people (not sportsmen) |
DIAMOND | geometric shape | GEM | jewel |
CURTAIN | curtains | DRAPES | heraldic convention |
INCOMPLETE is used for any unfinished figure.
IRREGULAR is used for any distorted geometric shape, STYLISED for any distorted or stylised person, animal, object or scene (see further explanation of STYLISED below.)
INTERSECTING is used for stripes, lines, but INTERLOCKING is used for whole figures such as CIRCLES, SQUARES, RECTANGLES or ELLIPSES.
In the case of INTERLOCKING words like `superimposed', `overlapping', may be used in the device phrase to give a clearer impression of the mark, but, if used as constituents, would mean that a searcher would always have to consider alternatives instead of finding all like devices under one description.
STACKED is used for figures such as diamonds, chevrons or discs which overlap in a parallel fashion.
Specialised Qualifying Terms
STYLISED
The device constituent STYLISED refers to highly simplified and abstract representations which are removed from the true or realistic representation of the device. It encompasses unrealistic exaggeration or distortion of features and geometrising of objects (but does not include distortion of geometric shapes themselves).
It is not used for geometric shapes, arrows, impellers, patterns. If these items are distorted, the term IRREGULAR, may be used Other terms where STYLISED would not be helpful include:
GLASS,WINE | SWORD | RAINBOW | ROCKET |
These are relatively uncommon terms, and do not require further qualification.
There are some common devices which benefit most from the use of the constituent STYLISED. These are usually living things, or maps of Australia. This allows the separation of 'true' representations from 'stylised' representations when searching the database.
Examples of the use of STYLISED
Constituents: | BIRD,SWAN | STYLISED | FLIGHT |
Constituents: | MAP,AUSTRALIA | STYLISED | TREE,PINE+ | THREE |
CARTOON
The word CARTOON means a drawing which symbolises or caricatures some subject or person in an exaggerated way. It applies mainly to animals or objects with human characteristics (for example, facial expressions, wearing clothes having arms and legs), but it can also apply to people who are caricatures. It does not apply to objects which are represented in a 'comic strip' way, and it is not used in conjunction with the term CARTOON-CHARACTER.
Constituents: | BIRD,SWAN | CARTOON | BRIDGE,HARBOUR | BALL,FOOTBALL | SPLASH |
CLOTHED
This is used for toys or animals where the clothes are not unusual or significant. If the clothes are significant the names of the pieces of clothing are indexed and CLOTHED is not used.
SILHOUETTE
The term SILHOUETTE is defined as 'an outline drawing, uniformly filled in with black, like a shadow'. In indexing it is used for common devices depicted in outline or shaded format, sometimes with very sketchy features as in the swan below:
Constituents: | BIRD,SWAN | SILHOUETTE | INCOMPLETE | SPECKLED |
In the device above the outline is the important feature. It is not 'stylised'. The constituent SILHOUETTE is not used where the device is an uncommon term such as STRONGMAN.
The term SILHOUETTE is particularly useful if the device comprises just the silhouette alone.
Other Special Descriptors
DISC-HEAD is used for geometric shape people with circles or discs for heads. The heads may or may not have features, or may be a solid disc or an outline. A DISCHEAD is not indexed using PERSON and STYLISED.
STICK-FIGURE is used for people shapes made up of thin lines. Sometimes these also have DISC-HEADS
The use of Top Level Terms means that some 'very stylised' or unknown figures cannot be indexed by general terms such as PERSON, ANIMAL, BUILDING or FLOWER. If they were indexed using these general terms, the number of records retrieved would be extremely large. Special terms exist which avoid this problem:
BLOOM is used for non-specific flowers.
CREATURE is used for indeterminate animals.
STRUCTURE is used for a building where its nature is uncertain.
ALIEN may be used to describe something that resembles a human but has some strange features.
Heraldic Devices
SHIELDS, CRESTS AND COATS OF ARMS
SHIELD is used for any basic device of a shield shape. 'Shield' devices with other surrounds are either crests or coats of arms. In these cases SHIELD is not used as a constituent. A basic shield is indexed according to the significant elements it contains.
CREST is the term used for a device comprising a central shield and surmount, usually a crown or knight's helmet (or equivalent).
COAT-OF-ARMS the term reserved for a device comprising:
- a central shield (or equivalent);
- a surmount, and
- supporters, usually one on either side of the shield. These often take the form of a heraldic lion or other animal but can take any form including human figures, mythical figures such as mermaids, pillars or bunches of grapes.
Other features that often appear in coats of arms or crests include scrolls, mantling and drapes.
Mantling and Drapes
These terms are both used only for heraldic devices.
MANTLING refers to a feature rather like the antlers of reindeer or very large tendrils or leaves, which extend from the crown, helmet or other surmount of a coat of arms or crest.
DRAPES are depicted as curtains, usually looped up, around the shield part of the device.
Note that ordinary room or theatre curtains are indexed as CURTAIN(+).
Geometric Shapes in Marks
Marks consisting of or containing geometric shapes are exceedingly common.
On occasion, geometric shapes may represent specific items and would be also indexed as such; e.g. HOTPLATE (spiral or zig-zag lines), BELT-DRIVE (endless-belt), HANDFAN (diverging lines), RAINBOW (arcs or semi-circles).
The following terms are used for marks which contain geometric shapes.
GEOMETRIC-SHAPES: used where there are more than two geometric shapes. The separate features are named if they would be useful in searching. They are often interlocking and form some overall figure or pattern.
CIRCLES AND DISCS
CIRCLE = | A circle is circular outline. It may be white on black or black on white. |
DISC = | A disc is a shaded circular shape, without discernible outline. |
Qualifying circles and discs
To enable useful restrictions of these large categories qualifying terms can be used. Note, the term DISC is also used in the comma term SUN,DISC and the hyphenated term DISC-HEAD. Both CIRCLES and DISCS can be described as:
DOUBLE = | Two concentric circles or discs so close together as to be almost one outline. |
TRIPLE = | Three close concentric circles or discs. |
CONCENTRIC = | Circles or discs having a common centre and a space between their circumferences sufficient to make them appear as separate figures. |
ECCENTRIC = | Circles or discs within each other but without common centre. This term can also be used for other figures such as ellipses or ovals. |
INTERLOCKING = | Intertwined circles or discs. If another description such as "overlapping" or "superimposed" is thought to be more informative of the get-up of the mark, it can be used in the device phrase. |
STRIPED = | A pattern of parallel lines over the surface of the circle or disc. Other descriptions such as WAVY or HORIZONTAL should also be indexed. |
DOTTED = | The figure contains several dots. These need not be an all over pattern of dots; if they are, a cross reference to PATTERN and DOTS may be required. |
HALVED = | Used when a circle or disc is divided into equal halves. |
DIVIDED = | Used when a circle or disc is divided into more than two parts,or into two unequal parts. |
QUARTERED = | A disc or circle divided into four equal segments. |
SEGMENTED = | A disc or circle divided into segments. |
MISSING = | Used when a circle has a "slice" cut out. The constituent SEGMENT is added |
INCOMPLETE = | An unfinished disc or circle; i.e. the outline does not complete the figure. |
BROKEN = | The circumference of the circle is formed of dashes or is broken at two or more places. |
INDENTED = | A small piece, not a segment, is cut out of the disc or circle. |
EXTENDED = | The circumference is extended to form a tangent to the disc or circle. `Tangent' is not a Glossary constituent. |
IRREGULAR = | A term used when a 'circle' is not a perfect circle. |
Note also: | |
ANNULUS = | The very common feature of two concentric circles containing written material. |
CYLINDER = | A three dimensional or extended circle or disc. |
SEMI-CIRCLE = | A half CIRCLE or DISC. This is not the same as a HALVED used with CIRCLE. The distinction is usually obvious; for example, a mark may contain three separate SEMI-CIRCLES; a HALVED CIRCLE is one figure with a dividing line across the centre. |
SEGMENT = | A 'slice' or 'wedge' of a circle or disc. The term is used only when the device is rendered as a segment of a circle; otherwise it is indexed as a TRIANGLE with CONVEX-SIDE. |
QUADRANT = | segment of a disc or circle which is an exact quarter. (cf also RIGHTANGLED TRIANGLE with CONVEX-SIDE) |
The terms SEGMENT and QUADRANT are reserved for the parts separated from the whole.
CONE = | A segment in the form of an upright INVERTED TRIANGLE with CONVEXSIDE opposite the apex. The term is also used for ice cream cones. |
ARC = | Part of the circumference of a circle. |
RING = | Three dimensional circle sometimes an article of jewellery or a planet ring. The latter is common in trade marks and is often elliptical in shape and incomplete. |
BUBBLES = | A specialised depiction of circles INTENDED to represent BUBBLES, usually diminishing in size and with 'highlights'. |
ELLIPSES AND OVALS
ELLIPSES and OVALS follow the same rules and use the same descriptions as CIRCLES and DISCS.
ELLIPSE = | A figure with a clear black or white outline; |
OVAL = | A shaded figure usually without an outline |
FOUR-SIDED FIGURES
There are no specific terms for shaded FOUR-SIDED figures as with DISCS AND OVALS.
RECTANGLES | have a right angle in each corner and one pair of opposite sides longer than the other. |
SQUARES | have a right angle in each corner and all sides of equal length. |
PARALLELOGRAMS | are not right-angled but have opposite equal and parallel sides, one pair being longer than the other. (A rectangle pushed sideways.) |
RHOMBUS | is a parallelogram with all sides of equal length. (A square pushed sideways.) |
TRAPEZIUMS | have ONE pair of parallel sides. |
QUADRILATERALS | are irregular four-sided figures with no parallel sides. |
DIAMONDS | are squares or triangles standing on one corner. |
ENDLESS-BELTS | are rectangles with two rounded ends. Note the hyphen. |
CUBES | are solid three-dimensional figures all sides being squares. |
BLOCKS | are solid rectangular figures. |
PANELS = | A term for rectangles on their ends which are used as the background to letters. It is not used at any other time. |
Qualifying four-sided figures
Four sided figures all carry the same descriptive terms. These are indexed as separate constituents to allow elimination as well as addition for a search. Some of the descriptors are themselves hyphened terms.
ROUNDED-CORNER(S) = | One or more corners are rounded. If only one corner is rounded this is shown by use of the singular. If all four are rounded a number is not supplied; if only two or three corners are rounded this is indicated in the device phrase but not in the constituents; use of a number could limit the search in the wrong way, e.g. to two rectangles rather than rectangles with two rounded-corners. |
ROUNDED-END(S) = | A figure with one or more rounded ends. The above comments apply. Note that the term is not applied to rectangles. (See ENDLESS-BELTS) |
CONVEX-SIDE(S) = | One or more sides of the figure are rounded outwards. This does not apply to ENDLESS-BELTS. |
CONCAVE-SIDE(S) = | One or more of the sides is rounded inwards. |
CURVED-SIDE(S) = | One or more of the sides is curved both in and out. |
CURVED by itself is used for four-sided figures with one CONVEX and one CONCAVE side.
NOTCHED-SIDE(S) = | One or more of the sides has one or more NOTCHES, or dents, usually triangular or zig-zag . See Glossary for illustration. |
NOTCHED-END(S) = | The end(s) of a rectangular figure are notched. |
NOTCHED-CORNER(S) = | One or more corners are NOTCHED, i.e. cut off. See Glossary illustration. |
INDENTED = | A piece, or pieces, has been cut out of the shape. |
STRIPED = | The type of stripes should be added as extra constituents, for example, WAVY or OBLIQUE. |
HALVED = | The figure has been divided into two equal halves. |
DIVIDED = | The figure has been divided into more than two parts or into two unequal parts. Sometimes the division of a figure can form it into something else: e.g. a square is divided into two rectangles or a rectangle into two squares or two triangles, or a triangle into a small triangle with trapeziums. |
INTERLOCKING = | The shapes are intertwined. No other description should be used. |
INCOMPLETE = | The figure has not been fully joined. |
BROKEN = | The sides of the figure are dashed or broken in two or more places. |
Note also: | |
PRISM = | An extended four-sided figure. |
TRIANGLES
TRIANGLES are three sided figures. They follow the same rules and carry the same descriptions as those outlined above with the following additions:
RIGHT-ANGLED = | One of the angles of the figure is a right angle. |
INVERTED = | The triangle is standing on its apex. Note that an inverted triangle with a curved base (now at the top) is a CONE. |
TRUNCATED = | One of the angles of the figure has been cut off. This essentially makes it a four-sided figure, but one end is so short it more closely resembles a triangle. The term is used only for TRIANGLES or CONES. |
PRISM = | A solid figure which is triangular in section all the way through like the Toblerone block. The constituent TRIANGLE is required because a prism can be other three dimensional shapes. |
PYRAMID = | A solid figure with triangular sides. |
OTHER GEOMETRIC FIGURES
Other straight-sided figures are described according to the number of sides. For example, PENTAGON (five); HEXAGON (six); SEPTAGON (seven); OCTAGON (eight); DECAGON (ten) and POLYGON (multi-sided).
STRIPES (LINES and ARROWS)
The term STRIPE is used for all stripes and lines of any thickness. Hence it is a widely used term and is usually qualified
The term LINE is rarely used. Its use is for items in a line or row.
Note also some specialised terms for items composed of 'stripes' such as RAYS and SUN,RAYS, COILS, SPRINGS and SPIRALS, TRICUSPIDS (see DIVERGING), ASTERISKS, some CROSSES or MATHEMATICAL SYMBOLS.
Qualifying stripes
As with other geometric figures, descriptions of stripes are entered as separate constituents. Several descriptions may often be required to describe a figure adequately; e.g. a STRIPE may be both CURVED & HOOKED. The same descriptions are often used for arrows.
STRIPES or ARROWS can be described as:
VERTICAL = | Straight up and down. (North to South) |
HORIZONTAL = | Straight sideways. (East to West) |
OBLIQUE = | Straight, at any angle off the vertical or horizontal. |
CURVED = | With only one curve or wave. |
WAVY = | With more than one curve or wave. |
SINE-WAVE = | This term is used when a wavy line or stripe resembles the mathematical symbol (See also PARABOLA). |
ZIG-ZAG = | With jagged waves. |
ANGLED = | For stripes angled in any but zig-zag fashion: e.g. two stripes joined at an angle. |
HOOKED = | A straight or curved stripe with a definite hook at the end. The term HOOK should be reserved for representations of actual hooks such as coathooks or meathooks; (note use of FISHHOOK) |
LOOPED = | The stripe loops back on itself. |
INTERSECTING = | Any crossed stripes. No other term is used. The constituent CROSSED is reserved for things other than STRIPES or ARROWS; e.g. swords or stems. |
DIVERGING = | The STRIPES diverge from a central point. A term used also of RAYS Three lines diverging at equal angles from a central point form a TRICUSPID. |
CONVERGING = | The STRIPES converge to a central point |
Note also:
Intertwining ZIG-ZAG or WAVY STRIPES are indexed as TWIST. (But see also SYMBOL,DNA for a specialised representation of a TWIST.)
Elaborate,decorative STRIPES are indexed as ARABESQUES
Certain types of ZIG-ZAG or WAVY LINES may also represent WAVES,ELECTRONIC or WAVES,SONIC or SINE-WAVE.
Other Specific Device
TREFOILS, QUATREFOILS, CINQUEFOILS
These are simply three, four or five lobed figures, such as the playing-card CLUBS symbol or a stylised clover leaf. Definite representations of clover leaves and the CLUBS symbol are indexed as such and cross reference is only required for borderline cases. QUATREFOIL and CINQUEFOILS may also resemble STYLISED BLOOMS and should also be cross indexed. This allows restriction of a search to, for example, only those STYLISED BLOOMS which are five lobed figures: BLOOM AND CINQUEFOIL.
SPIRALS, SPRINGS AND COILS
These are continuous looped or circular figures.
SPIRAL denotes a single continuous line in the form of a WHIRLPOOL. Note that the term WHIRLPOOL is also used but only for representations of water.
SPRING is a single continuous looped line in a vertical orientation; and
COIL is a continuous looped line in a horizontal orientation.
Note also use of the words LOOPED for other types of looped STRIPES, and COILED for SNAKES or ROPES.
CURLS AND WHORLS
These are curved or curled STRIPES usually thicker at one end than the other, which form a CURL (an incomplete spiral), or WHORL (an inverted comma shape). The illustrations of CURLS, WHORLS, HOOKS and LOOPS in the Glossary will make the distinctions clear.
DROPS AND FLAMES
DROPS and FLAMES can take many of the same descriptions as CIRCLES; e.g. CONCENTRIC, ECCENTRIC, INCOMPLETE, BROKEN.
IMPELLERS AND FANS
The term IMPELLER is used for any figure which denotes movement in a circle, whether clockwise or anti-clockwise.
FAN is used for the same type of figure where no movement is represented. (Ladies' fans are indexed as HANDFAN to avoid confusion)
Both are extremely common device features and are qualified according to the number of BLADES depicted. Thus a FAN or IMPELLER may be TWO-BLADE, THREEBLADE, FOUR-BLADE, FIVE-BLADE or MULTI-BLADE
There are some special terms for commonly occurring types:
TRISKELION = | a three-blade impeller giving the impression of three legs running round in a circle. The term applies correctly to the Isle of Man emblem, but can be used for quite stylised representations and is useful for limiting a search to this specific type of three-blade impeller. |
PROPELLER = | Used only for TWO-BLADE IMPELLERS representing aeroplane-type propellers. |
Note that in many cases IMPELLER or FAN devices are also stylised representations of other things. For example, IMPELLER or FAN and FLOWER (or BLOOM) will find only those IMPELLERS which resemble FLOWERS (or vice versa).
Common cross references for IMPELLER or FAN type devices:
BLOOM (usually qualified as STYLISED)
WHEEL,PADDLE
WHEEL,GEAR
SHUTTER,CAMERA
SAW,CIRCULAR
SEAL,STATIONERY
SUN,RAYS
It is helpful and often necessary to consider the format of the blades themselves. For example, ARROWS, TRIANGLES, LEGS, HOOKS.
ARROWS, ARROWHEADS, CHEVRONS, ANGLES
ARROWS are depicted with shafts. Note that ARROWS representing the weapons are cross indexed as such, thus allowing them to be searched separately, or included or excluded from an ARROWS search.
ARROWHEADS have no shafts and are a definite ARROWHEAD shape
CHEVRONS resemble a sergeant's stripes, or V-shape but can, for the sake of indexing, be in any orientation or configuration. The two legs are of equal length and the angle is usually obtuse, but need not be. Compare indexing of ANGLES, where one leg is shorter than the other, or STRIPE,ANGLED, which usually involves more than one
angle.
ARROWS can be described in the same way as STRIPES. The description CIRCULAR is used exclusively for a single ARROW which turns round on itself to form a circle.
Note also:
SYMBOL,RECYCLE = | A circle or triangle formed by two or three arrows. |
PATTERNS
Features which are repeated to form a pattern are indexed as PATTERN and the name of the device which is repeated. PATTERNS can be all over backgrounds, or fill-in of a border or geometric shape or any other feature. The constituent PATTERN is entered separately from the descriptions to allow all marks containing ANY representation of the devices to be brought up. It is possible for example to search for DOTS, or DOTS AND PATTERN, or DOTS AND NOT PATTERN.
If the pattern is formed of common descriptive constituents, the constituent PATTERN is used with the descriptive constituent, for example, PATTERN, DOTS; PATTERN, CHEVRONS; PATTERN, OBLIQUE STRIPES; PATTERN, DIAMONDS; PATTERN, FLOWERS. Note that these are NOT comma terms and can be entered in the phrases as DOTS PATTERN, etc., depending on other wording. (Compare the use of words STRIPED or DOTTED which are not used with PATTERN).
Some descriptive constituents are used only for patterned devices. In these cases the constituent PATTERN is not used. Examples include:
SPECKLES | CROSS-HATCHED |
CRISS-CROSS | HERRINGBONE |
TARTAN | HOUNDSTOOTH |
CHECKS |
GRID, MESH, GRAPH
Some patterns which form specific features are indexed as the features and not as the pattern. These include GRID, MESH, GRAPH.
A GRID is a plain squared background.
MESH is formed of linked squares or other features, like chicken wire fencing.
A GRAPH shows a progress line, sometimes but by no means always on a GRID background (see Glossary illustrations
BORDERS, FRAMES
The term BORDER is used for any simple PATTERNED border; the descriptive features being entered in the same way as for patterns.
THE TERM IS NOT USED FOR SIMPLE GEOMETRIC BORDERS LIKE CIRCLES OR SQUARES. In fact the constituent is only used where the border is very unusual.
The term FRAME is used ONLY FOR REPRESENTATIONS OF PICTURE FRAMES. It is not indexed where a frame is used as a border.
FRAMES can be described as ORNATE or OVAL, but need not be described at all, if they are just plain rectangles.
BADGES, MEDALS, MEDALLIONS, ROSETTES AND COINS.
BADGE should be used only for emblems, crests etc actually represented as a badge.
A MEDAL is a flat piece of metal in the shape of a disc, star or cross bearing an inscription and device. It is usually pinned on a uniform and represented with a ribbon.
A MEDALLION is, by definition, a large medal. It can have a ribbon and be worn in a similar way to a PENDANT.
COINS are money coins, represented as such.
ROSETTES are the paper or fabric flower shapes worn at country shows or political rallies, with or without a ribbon.
LIONS AND OTHER HERALDIC ANIMALS
LIONS are the most common heraldic animals, either as supporters or within the body of the mark. However, other and sometimes odd animals are also depicted. To enable them all to be brought up according to type, four specific descriptions are used:
- RAMPANT = Standing on hind legs
- COUCHANT = Lying down
- SEDANT = Sitting
- PASSANT = Walking
Thus, as they may require for any particular search, a searcher can bring up:
- all RAMPANT creatures, or
- all LIONS or UNICORNS, or BEARS, etc, or
- only RAMPANT LIONS, UNICORNS or BEARS, and so on.
Ordinary, non heraldic lions, appearing in non heraldic marks are described, where a qualification is appropriate, by the usual terms for animals: STANDING, REARING, SITTING, RECLINING, RUNNING, WALKING, and so on.
There are some specific heraldic creatures worth noting: DRAGONS, WYVERNS (twolegged, winged dragon with forked snake's tail), GRIFFINS (head and wings of eagle, body of lion), DOUBLE-HEADED EAGLES (BIRD,EAGLE and DOUBLE-HEADED)
STARS
STARS are only indexed if their presence in the mark is of significance. They are qualified according to the number of points, number of stars and configuration.
The hyphened term SOUTHERN-CROSS is used for this very common device feature. It is NOT cross indexed to STARS or CONSTELLATION and is NOT entered separately for representations of the Australian flag.
PLANETS are indexed as such and there name given where possible. This includes EARTH where represented as the planet and not as a GLOBE with a MAP,WORLD.
Representations of other constellations are indexed as CONSTELLATION and the name of the constellation may be included in the Device Phrase. There are very few of these.
BALLS
Any three dimensional spherical object that is not a geographic or terrestrial GLOBE is indexed as a BALL. Some descriptive qualification should always be entered unless the ball shape is featureless; in this case simple indexing as BALL cannot be avoided although it may cause difficulties for the searcher. Most balls are indexed as a COMMA term according to type, for example, BALL,BASEBALL. Other descriptions are straightforward; STRIPED, SEGMENTED, DOTTED, etc.
GLOBES
The term GLOBE is used for representations of terrestrial or geographic globes. A GLOBE can be depicted with lines of latitude and longitude and/or maps of all or parts of the world.
If only the lines of latitude and longitude are shown, the comma term GLOBE,MERIDIANS is used.
If only a map is shown, the term GLOBE is indexed as a separate constituent, MAPS already being comma terms in their own right. This allows ALL map marks to be brought up; or only those appearing with or without a globe; compare MAP,WORLD; MAP,WORLD AND GLOBE; MAP,WORLD AND NOT GLOBE.
If both the lines and a map are depicted, the terms GLOBE,MERIDIANS and the MAP,(description) are indexed.
If the GLOBE is shown on a stand this is also indexed separately: GLOBE or GLOBE,MERIDIANS and STAND.
A GLOBE showing only the lines of the equator and tropics of Cancer and Capricorn is indexed as GLOBE,TROPICS.
Any flattened version of a terrestrial globe should be indexed as GLOBE,PROJECTION.
Note also:
Electric light globes are indexed as BULB,ELECTRIC.
MAPS AND FLAGS
The indexing of MAPS and FLAGS is very straightforward. Both are comma terms and complete lists are in the Glossary. In each case the name of the country or state is used (with abbreviations where appropriate.
Some terms to note are:
MAP,UK but FLAG,UNION JACK
MAP,AMERICAS when both continents are shown.
MAP,PACIFIC when the region is shown
MAP,AUSTRALASIA when both Australia and New Zealand, with or without New Guinea, are shown
FLAGS are indexed according to type as well as country. Simple, featureless square or rectangular flags are just FLAG. A long rectangular flag with notched end is a FLAG,BURGEE; a long triangular flag with a pointed end is a FLAG,PENNANT; a FLAG,BANNER usually hangs down from a horizontal pole and is often fringed.
Non-specific FLAGS are simply indexed as FLAG with separate description if relevant. Other common or well-known flags have a comma description, for example, FLAG,CHECKERED; FLAG,BLUE-PETER; FLAG,JOLLY-ROGER. Note hyphens and check the list in the Glossary.
The FLAGPOLE is only indexed if featured prominently in the mark. Otherwise its presence is taken for granted. Note that, currently the EUREKA CROSS is indexed as FLAG,EUREKA if featured as a flag on a pole but as CROSS,EUREKA, if not.
CROSSES
Most CROSSES are comma terms and the different types are well illustrated in the Glossary.
SYMBOLS
A comprehensive explanation of the indexing of SYMBOLS is included in the Glossary.
Common GROUPS of SYMBOLS are indexed as comma terms while specific symbols within a group have separate constituents. This allows:
- a single specific symbol to be searched without reference to the group; e.g. PLUS; GEMINI; INFINITY; CADUCEUS; MALE; or
- the group to be searched without naming the individual marks; e.g. SYMBOL,MATHEMATICAL; SYMBOL,MEDICAL; SYMBOL,SEX; SYMBOL,ZODIAC; SYMBOL,ELECTRIC.
Individual SYMBOLS which do not belong within a common group are indexed as comma terms with the prefix, SYMBOL; e.g. SYMBOL,KARATE; SYMBOL,PEACE; SYMBOL,PRESCRIPTION; SYMBOL,PROHIBITION.
Thus all symbols are listed together in the Glossary and the terms used may be easily consulted; also a search, if desired can be made for ANY SYMBOL (Device Prefix) along with other significant features of a composite mark.
LETTERS AND FOREIGN CHARACTERS
LETTERS are only indexed as devices in certain circumstances. (If they incorporate some device they are always included in the Word Mark indexing.) Firstly, when they are rendered in such a way that they fall in the following categories:
- ILLUMINATED (term only used for illuminated letters)
- BROKEN
- SNOWCAPPED
Secondly, when they are FOREIGN CHARACTERS. These are comma terms, and in most cases are indexed as a DEVICE type trade marks (with the exception of trade marks that contain Chinese characters, which are indexed as COMPOSITE type trade marks). The word FOREIGN is NOT included and all the types currently indexed are listed with examples under CHARACTER in the Glossary.
Greek characters appearing as characters and not as words are named separately; thus it is possible to search PHI or GAMMA in particular, as well as CHARACTER(S),GREEK in general.
With Asian characters, such as Chinese characters, the number of characters within the trade mark is always added, usually only from 2-10.
Trade Marks which contain Chinese characters will also have the transliteration indexed. The transliteration constituents (Hanyu Pinyin transliteration) of any Chinese characters within the trade mark will start with a T, and will look like this
Indexing Details - Word | Constituents |
T:SHENG | T:XIAN |
If there is a Chinese character(s) but there is no Hanyu Pinyin transliteration there will simply be a T: NONE
Greek characters appearing as characters and not as words are named separately; thus it is possible to search PHI or GAMMA in particular, as well as CHARACTER(S),GREEK in general.
Amended Reasons
Amended Reason | Date Amended |
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Removed reference to ATMOSS |
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Update hyperlinks |
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