01 June 2021

Some Vienna Statistics

This post takes a brief look at some statistical metrics for CIPO’s Vienna Classifications data.

The Vienna Agreement (1973) established a classification system for design marks, i.e. marks which consist of or contain figurative elements.  Although Canada is not a party to the Vienna Agreement, CIPO has used the Vienna Classification System since 2003 to index the figurative elements of marks1.

The Vienna Classification System provides a 3-stage hierarchy dividing all figurative elements into categories, divisions and sections.  There are currently 29 categories with almost 2,000 category / division / section combinations.  2,000 combinations seems surprisingly small, considering the extremely wide variety of design subject matter.  Yet the system works.

As an example, consider the colour version of the 11-point maple leaf featured on Canada’s national flag.  That “Maple Leaf Design” is the subject of prohibited mark no. 970441.  If you look it up in CIPO’s online database you will find the following Vienna classification information for the design (click to enlarge the image):

prohibited mark 970441 Vienna details

7 separate Vienna classifications are provided for the design, the first of which is5.3.4”, corresponding to category 5, division 3, section 4.  If you look that classification up in WIPO’s online Vienna Classification site, you will find that:
  • category 5 pertains to plants
    • division 3 of category 5 pertains to “leaves, needles, branches with leaves or needles
      • section 4 of division 3 of category 5 pertains to “vine leaves...plane leaves, maple leaves”
So, the first Vienna classification “5.3.4” indicates that the design pertains to a maple leaf.

Further characteristics of the design are established by the other 6 Vienna classifications.  For example, the 11-point nature of the design is established by the “A 5.3.50” Vienna classification.  The Vienna classification system permits countries to use their own “auxiliary” national classifications alongside the main classifications.  CIPO has accordingly created its own “Canadian Extensions to the Vienna Classification codes to identify elements which may be unique to Canada and which the existing Vienna Classification did not identify/subdivide2.”  A 5.3.50 is an auxiliary Canadian Extension which CIPO describes as “11-pointed Canadian maple leaf (leaves)”3.  And so on for the other 5 Vienna classifications provided for prohibited mark no. 970441, including the colour red: Vienna classification 29.1.1 is broken down as follows:
  • category 29 pertains to colours
    • division 1 of category 29 again pertains to “colours”
      • section 1 of division 1 of category 29 pertains to “red, pink, orange”
As of 24 May 2021, CIPO’s trademark .xml data set includes 481,002 marks having 1 or more Vienna classifications.  Collectively, over 3.1 million Vienna classifications have been provided for those 481,002 marks, with an average of 6.57 Vienna classifications provided per mark.

Over 36,000 marks consist of or contain figurative elements characterized by only a single Vienna classification.  Many of these are Vienna classification 28.3.0 “Inscriptions in Chinese, Japanese or Korean characters”, but consider the complex design mark shown below which is the subject of application no. 2106537.  A single Vienna classification “7.5.11 Labyrinths” suffices to index this design, illustrating the power and flexibility of the Vienna Classification System.

application no. 2106537 Vienna details

As of 24 May 2021 there is a 3-way tie for the “record holder” in terms of the greatest number of Vienna classifications used to characterize a design in a Canadian mark.  Specifically, 79 Vienna classifications are provided for each of application nos. 1973505, 1973515 and 1973529 owned by South African Reserve Bank; the designs respectively pertaining to the South African 20, 50 and 100 Rand denomination banknotes shown below (click to enlarge the image).

appl no. 1973505, 1973515 & 1973529 designs



1 See Canadian trademarks database and the Vienna classification

2 See section 56 “Vienna Category” in CIPO’s Trademarks Data Dictionary—WIPO standard XML ST.96, Version 2.2, 22-May-2019

3 See Data Dictionary, Appendix D