You all might have read the first article on VIENNA CLASSIFICATION OF FIGURATIVE ELEMENTS OF A TRADEMARK . This article is a general FAQs that are usually put forth by people interested in understanding the basics of Trademarks in the global scenario.

Q. What is Vienna Code Classification?

A. The Vienna Code Classification is an international standard of Figurative Elements that contains 29 categories of elements that may form part of a Trademark. It was adopted on June 12, 1973 at the Vienna Diplomatic Conference which was attended by 32 member states of the Paris Union, the United International Bureau for the Protection of Intellectual Property (BIRPI), the predecessor of the World Intellectual Property Organization (WIPO).

Q. What is the meaning of Trade Mark Application Status Send to Vienna Codification?

A. Once a Trade Mark Application is filed for the Registration of a brandname or logo before the Indian Trade Marks Registry, it is send for Vienna Codification which means that all the characters, images, symbols, color, shapes etc. that form part of the logo of your brand name, they are assigned a unique code according to the Vienna Classification of Figurative Elements.

Q. What is Vienna codification in a trademark?

Vienna Codification in a Trade Mark is an International Classification of elements of a Trade Mark which are divided into 29 broad categories that are further divided into 145 division, 816 main sections, and 918 auxiliary section.

Q. How to find out which Vienna Code applies to your trademark?

A.  The Vienna Codification follows a hierarchy system wherein all the figurative elements of a mark are divided into different categories, divisions and section. For example, the figure of a ‘a girl eating’ would belong to Category 2 (Human Beings), Division 5 (Children), Main Section 3 (Girls), so the Vienna Code would be represented as 2.5.3 [ 2 – being the Category, 5 – being the Division and 3 – being the Main Section].

Q. Is India a member of the Vienna Agreement?

A. Yes. Although India followed the Vienna Code of Classification for Trade Marks since the adoption of the TM Act, 1999, however, it ratified the Vienna Agreement recently on September 7, 2019 thereby becoming the 34^th member of the Vienna Agreement.

Q. When did India become a member of the Vienna Agreement?

A. India became the 34th member of the Vienna Agreement on September 7, 20

Q. How is Vienna Code applied to a Trademark that consist of more than one symbol, figure or design within a single logo?

A. In case a Trade Mark consists of more than one word, letters, numbers, shape, design, font style, figures or a combination thereof in its logo, and at the same time each element has its own distinctive character, then these figurative elements would fall under their respective category, division and section respectively. For example, if a logo comprises of a man in uniform, on horseback and playing a trumpet, the Vienna Codes for the said mark would be 2.1.2 [armed men or men wearing an Armour or uniform]; 2.1.20 [Men mounted on or accompanied by a horse] and 2.1.9 [Musicians, men with musical instruments] respectively.