New Trade Mark Practice Guideline - Correct classification of “leasing access time to computer databases”

Published: 09.02.2010

From time to time IPONZ receives applications that include the wording "leasing access time to computer databases". IPONZ practice has changed in relation to the classification of this service in light of international best practice.

Current best practice in overseas jurisdictions indicates that this wording is most appropriate in class 38. The following table reflects the position in the overseas jurisdictions from which IPONZ takes guidance on this matter.

Country	Specification wording	Correct classification

Australia	“Providing access to databases” “Providing access to online computer databases”	38
United Kingdom	"Leasing of access time to a computer database" “Rental of access time to a computer database” “Providing access to computer databases”	38
United States	“Providing access to databases” Notably, "leasing access time to a computer database in the field of {indicate subject matter or field}" was struck out of class 42 for the following reasons – "It is confusing content and access providers. At the time it was originally included in the Manual, it was clearly a separate service. Now that content providers can build their own databases, the leasing of time to access those databases is ancillary to providing the database itself and should not be considered a separate service. DO NOT USE THIS LANGUAGE".	38

The Practice Guideline on Section 31 and 32 – Annexure to Computer Services has been amended to align with overseas practice. The table in the section of the Annexure dealing with “Databases” has been amended as follows:

Specification

Class

Computerised database management
Compilation of information into computer databases
Systemisation of information into computer databases

35

Leasing access time to a computer database

38

Storage services for archiving databases, images and other electronic data

39

Database development services
Computer database consultancy services
Design of computer databases
Designing and implementing databases for others

Hosting databases
Creating and maintaining databases for others

42