TM5(商標5庁)による商標の共通 ステータス表示 - Japio...pending trademark...

6
104 1 はじめに 近年、経済のグローバル化が進み企業間の競争が国際 的にも激しさを増す中で、高い価値を有する国際的なブ ランドの確立及び保護のため、商標権の活用がますます 重要になってきている。企業の国際展開を支援するため には、世界各国で安定した商標権を速やかに取得でき、 適切に保護されるような環境を整えることが不可欠であ る。 そのような状況を踏まえ、商標分野においては、 2001年(平成13年)以来、日本国特許庁(以下「JPO」 という。)、米国特許商標庁(以下「USPTO」という。)、 欧州連合知的財産庁(以下、「EUIPO」という。)の三 庁における協力(以下「商標三極」という。)を推進し てきたところ、2011 年(同 23 年)12 月には、商 標三極に、韓国特許庁(以下「KIPO」という。)及び 中国国家工商行政管理総局(以下「SAIC」という。)を 加えた商標五庁(以下「TM5」という。)の新たな協力 枠組みが創設され、一層の国際協力が推し進められてい る。 TM5 では、毎年、年次会合及びフォローアップのた めの中間会合を開催しており、各庁の最近の施策や互い の審査運用等の情報交換を行っている。また、特に実務 レベルで検討、対応を行っていくことが合意された取組 については、プロジェクト化して協力を推進している。 そのプロジェクトの一つに、共通ステータス表示プロ ジェクトがある。 共通ステータス表示プロジェクトは、TM5 各庁のそ れぞれが、各庁のユーザー向けに提供を行っている商標 情報において、商標案件の状態(例えば、出願中、登録、 審判中や最終処分済み等)の表示を、一般のユーザーが 理解しやすいように、共通化しようとするプロジェクト である。 そして、TM5 で合意された共通ステータスの記述及 びアイコンの表示を、JPO としては、2017 年(同 29 年)4 月より、J-PlatPat において提供を開始さ せることに至ったものである。 本稿では、共通ステータスの合意までの経緯や表示の 意味について、簡単に紹介する。 なお、本稿中の見解等は、筆者の個人的なものであり、 組織の見解等を表すものではない点ご了承頂きたい。 2 これまでの経緯 TM5 会合における共通ステータスのプロジェクトに ついては、2009 年(平成 21 年)の第 8 回商標三極 会合において、USPTO よりステータスコードの導入 について提案がなされた。 そして、本プロジェクトのリーダー庁を USPTO と して、議論が開始された。 2011 年( 同 23 年 ) に は、SAIC 及 び KIPO も 加 えた TM5 としての議論が開始された。 2014 年( 同 26 年 ) 第 3 回 TM5 会 合 に お い て、 共通ステータスの記述について合意された。 2016 年(同 28 年)3 月に、JPO は、共通ステー タスの記述について、J-PlatPat において、表示を開 大井手 正雄 特許庁 審査業務部商標課商標審査機械課企画調整室 Common status descriptors of trademark 1991 年 4 月特許庁入庁 2017 年 4 月より現職 TM5(商標5庁)による商標の共通 ステータス表示

Transcript of TM5(商標5庁)による商標の共通 ステータス表示 - Japio...pending trademark...

104

1 はじめに

近年、経済のグローバル化が進み企業間の競争が国際

的にも激しさを増す中で、高い価値を有する国際的なブ

ランドの確立及び保護のため、商標権の活用がますます

重要になってきている。企業の国際展開を支援するため

には、世界各国で安定した商標権を速やかに取得でき、

適切に保護されるような環境を整えることが不可欠であ

る。

そのような状況を踏まえ、商標分野においては、

2001年(平成13年)以来、日本国特許庁(以下「JPO」

という。)、米国特許商標庁(以下「USPTO」という。)、

欧州連合知的財産庁(以下、「EUIPO」という。)の三

庁における協力(以下「商標三極」という。)を推進し

てきたところ、2011 年(同 23年)12月には、商

標三極に、韓国特許庁(以下「KIPO」という。)及び

中国国家工商行政管理総局(以下「SAIC」という。)を

加えた商標五庁(以下「TM5」という。)の新たな協力

枠組みが創設され、一層の国際協力が推し進められてい

る。

TM5では、毎年、年次会合及びフォローアップのた

めの中間会合を開催しており、各庁の最近の施策や互い

の審査運用等の情報交換を行っている。また、特に実務

レベルで検討、対応を行っていくことが合意された取組

については、プロジェクト化して協力を推進している。

そのプロジェクトの一つに、共通ステータス表示プロ

ジェクトがある。

共通ステータス表示プロジェクトは、TM5各庁のそ

れぞれが、各庁のユーザー向けに提供を行っている商標

情報において、商標案件の状態(例えば、出願中、登録、

審判中や最終処分済み等)の表示を、一般のユーザーが

理解しやすいように、共通化しようとするプロジェクト

である。

そして、TM5で合意された共通ステータスの記述及

びアイコンの表示を、JPO としては、2017 年(同

29年)4月より、J-PlatPat において提供を開始さ

せることに至ったものである。

本稿では、共通ステータスの合意までの経緯や表示の

意味について、簡単に紹介する。

なお、本稿中の見解等は、筆者の個人的なものであり、

組織の見解等を表すものではない点ご了承頂きたい。

2 これまでの経緯

TM5会合における共通ステータスのプロジェクトに

ついては、2009年(平成21年)の第8回商標三極

会合において、USPTOよりステータスコードの導入

について提案がなされた。

そして、本プロジェクトのリーダー庁をUSPTOと

して、議論が開始された。

2011 年(同 23 年)には、SAIC 及び KIPO も加

えたTM5としての議論が開始された。

2014 年(同 26 年)第 3回 TM5 会合において、

共通ステータスの記述について合意された。

2016年(同28年)3月に、JPOは、共通ステー

タスの記述について、J-PlatPat において、表示を開

大井手 正雄特許庁 審査業務部商標課商標審査機械課企画調整室

Common status descriptors of trademark

1991 年 4 月特許庁入庁2017 年 4 月より現職

TM5(商標5庁)による商標の共通ステータス表示

105YEAR BOOK 2O17

特許情報施策および事業

1

始し、同年には、共通ステータスのアイコンについても

合意された。

2017年(同29年)4月に、JPOは、共通ステー

タスの記述及びアイコンについて、J-PlatPat におい

て、表示を開始した。

3TM5における「共通ステータス表示プロジェクト」の議論

本プロジェクトは、TM5の各国で、それまで別々の

用語や記述を用いて表現されていた商標案件の状態につ

いて、共通に受け入れられる記述及び表示を、検討及び

実施するというものである。

そして、共通ステータス表示は、TM5の各国の制度

や基準の差異及び言語の壁を越えて、案件の状態を容易

に理解できるようにするものであり、異なった官庁に商

標登録を行うときの事前調査を行うときなどに、使用さ

れ得るものであり、商標制度のユーザーにとって、有意

義なものになる。

上記のような理念のもと、共通ステータス表示の提案

は合意され、議論が行われた。

そして、主に、表示、実施及びガイドラインの3点

から、議論が行われた。

表示については、当初、案件状態について、階層のな

い時系列のみの表示であったが、各庁のさまざまな事情

に合わせられるように、汎用性を持たせられる表示とし

て、JPOから、レベル0からレベル2までの、3つの

階層にして表示させる提案を行い、それが支持され、採

用された(図1)。

また、商標案件の状態は、細かく表そうとすると、何

十種類にもなるところ、種類が多くなると、容易に案件

の状態を見分けることができなくなることや、導入する

際の敷居が高くなることから、極力、種類が多くならな

いよう配慮された。

実施については、ウェブサイトにおける表示のほか、

公報への掲載をも考えられたが、各庁の制度やシステム

開発等の事情にあわせられるようになった。日本におい

ては、J-PlatPat において表示することになった。

ガイドラインについては、実際に適用し実施されると

なると、表示の色やフォントなどのガイドラインが必要

になるためそれらをどうするかの議論が行われた。

図 1 階層図

〔3〕

上記のような理念のもと、共通ステータス表示

の提案は合意され、議論が行われた。

そして、主に、表示、実施及びガイドラインの

3点から、議論が行われた。

表示については、当初、案件状態について、階

層のない時系列のみの表示であったが、各庁のさ

まざまな事情に合わせられるように、汎用性を持

たせられる表示として、JPOから、レベル0か

らレベル2までの、3つの階層にして表示させる

提案を行い、それが支持され、採用された(図1)。

また、商標案件の状態は、細かく表そうとする

と、何十種類にもなるところ、種類が多くなると、

容易に案件の状態を見分けることができなくな

ることや、導入する際の敷居が高くなることから、

極力、種類が多くならないよう配慮された。

実施については、ウェブサイトにおける表示の

ほか、公報への掲載をも考えられたが、各庁の制

度やシステム開発等の事情にあわせられるよう

になった。日本においては、J-platpaに

おいて表示することになった。

ガイドラインについては、実際に適用し実施さ

れるとなると、表示の色やフォントなどのガイド

ラインが必要になるためそれらをどうするかの

議論が行われた。

4.共通ステータスの定義

それぞれのステータスの記述について、説明す

る。

図1 階層図

106

4 共通ステータスの定義

それぞれのステータスの記述について、説明する。

まず、図 1のとおり、第 0階層により、「継続/存

続」(LIVE)、「終了/消滅」(DEAD)の状態に区別し、

第1階層として、「出願」又は「登録」の状態に区別し、

第 2階層により、具体的な状態の記述となっている。

また、想定外のケース等が生じることも考えられるとし

て、「その他」(OTHER)が存在する。

次に、それぞれの記述の定義を紹介する。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「係属-出願-審査待ち」

商標出願が官庁に受け付けられており、審査官に割り

振られていない。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「係属-出願-審査中」

商標出願が官庁に受け付けられており、審査官に割り

振られている。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「係属-出願-拒絶査定不服審判中」

拒絶査定不服審判により商標出願の拒絶査定に対する

訴えが現在係属中である。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「係属-出願-異議申立のための公告」

係属中の商標出願が官庁により審査され、公衆に登録

の異議を申し立てる機会を提供するため公告中である。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「係属-出願-異議申立中」

係属中の商標出願が官庁により審査され、異議申立て

のために公告され、その時点で、1以上の異議の申立て

が提出されているが、まだ決定されていない。

107YEAR BOOK 2O17

特許情報施策および事業

1

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「存続-登録-異議申立のための公告」

商標出願が官庁に登録され、公衆が登録に異議を申し

立てられるよう公告中である。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「存続-登録-異議申立中」

登録商標が異議申立てのために公告がなされ、その時

点で、1以上の異議の申立てが提出されているが、まだ

決定されていない。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「存続-登録-継続」

商標出願が官庁に登録されている。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「存続-登録-取消/無効審判中」

この商標出願は官庁に登録されているが、現在、登録

の取り消しになる可能性のある申立てを受けている。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「終了-出願-拒絶/却下又は無効」

この商標出願は官庁により、拒絶、却下又は無効とな

り、もはやアクティブではない。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「終了-出願-取下/放棄」

出願人が出願を取り下げ(例:放棄)、もはやアクティ

ブではない。

108

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「消滅-登録-取消/無効」

商標出願は登録されたが、その後、取消し又は無効と

なった。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「消滅-登録-権利放棄」

商標出願は登録されたが、その後、権利者により自発

的に権利が放棄された。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「消滅-登録-権利満了」

商標出願は登録されたが、その後、権利が正常に維持

されなかったため登録が取り消された。

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1. LIVE/APPLICATION/Awaiting Examination –The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and has not yet been assigned to an examiner.

2. LIVE/APPLICATION/Under Examination – The trademark application has been accepted by the O�ce (has met the minimum �ling requirements) and that this application has been assigned to an examiner.

3. LIVE/APPLICATION/Appeal of Refusal Pending – An appeal of the O�ce’s �nal refusal to register a pending trademark application is currently pending.

4. LIVE/APPLICATION/Published for Opposition – A pending trademark application has been examined by the O�ce and has been published in a way that provides an opportunity for the public to oppose its registration.

5. LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the O�ce and was published for opposition, at which time one or more oppositions were �led but they have not yet been decided.

6. LIVE/REGISTRATION/Published for Opposition - The trademark application has been added to the Registry for that O�ce and has been published in a way that allows the public to challenge the registration.

7. LIVE/REGISTRATION/Opposition Pending - The registered trademark has been published for opposition, at which time one or more challenges to registration were �led but they have not yet been decided.

8. LIVE/REGISTRATION/Issued and Active – The trademark application has been registered with the O�ce. 9. LIVE/REGISTRATION/Cancellation/Invalidation Pending - This trademark application has been

registered with the O�ce, but it is currently undergoing a challenge which may result in its removal from the registry.

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated – This trademark application was refused, dismissed, or invalidated by the O�ce and this application is no longer active.

11. DEAD/APPLICATION/Withdrawn/Abandoned – The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

12. DEAD/REGISTRATION/Cancelled/Invalidated – The trademark application was registered, but subsequently it was cancelled or invalidated and removed from the registry.

13. DEAD/REGISTRATION/Surrendered – The trademark application was registered, but subsequently voluntarily removed from the registry by action of the owner.

14. DEAD/REGISTRATION/Expired – The trademark application registered, but subsequently removed from the registry when the registration was not successfully maintained.

15. OTHER—For the situation where the status is uncertain, unknown, or other than those previously identi�ed.

Common Status Descriptors (CSD) icons

「その他」

ステータスが不明確、未知、又は上記に認定されたも

の以外のもの。

なお、上記定義の日本語は、平成29年 7月 7日付

けの特許庁HP上の記事を参照した。

109YEAR BOOK 2O17

特許情報施策および事業

1

5 おわりに

本稿では、TM5の枠組みにおける「共通ステータス

表示」プロジェクトについて、紹介した。

本プロジェクトは、本年4月に J-PlatPat に記述及

びアイコン表示を開始したことで一つの区切りを迎えた

ところ、今後もユーザーの皆様からのご意見を参考にし

つつ、より明瞭かつ利便性の高いものにしていければと

考えている。ぜひ本サービスをご利用いただき、お気づ

きの点をお知らせいただければ幸いである。

さらに、共通ステータスの記述及びアイコン表示を、

TM5の官庁以外にも採用する官庁が拡がるように、本

プロジェクトに協力し、他国の官庁とも連携を図り、将

来的に更にユーザーの皆様に喜んで頂けるように、努め

ていく所存である。

末筆ながら、この共通ステータス表示の実現にあたっ

ては、多くの方々にご協力をいただいたところであり、

この場をお借りして、お礼申し上げる。