Transcript No Slide Title

Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
Quality check system in OHIM
Overview on the new procedure
Beate Schmidt,
Director of Trade Marks and
Cancellation Department
Liaison Meeting on Trade Marks, 14./15. June 2007 Alicante
WWW.OAMI.EUROPA.EU
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
http://oami.europa.eu/en/userscorner/cons.htm
Community trade marks - Service
standards
Objective
end 2007
Jan/March
2007
Further Info
Decisions on classification complying
with OHIM quality standards
At least
95%
90.95% (1)
The error rate
measures the
percentage of
revised decisions
that do not
comply with the
Office's standards
( CTM quality
checks procedure
and standards )
Decisions on absolute grounds
complying with OHIM quality standards
At least
99%
98.69% (1)
Opposition decisions complying with
OHIM quality standards
At least
95%
87.23% (1)
WWW.OAMI.EUROPA.EU
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
The New Quality Check System
Main Features
• Statistical relevant size of samples
– 7% of CTMs examined, 102 weekly
– 18% of opposition decisions, 16 weekly
• Files are randomly selected
• IT- support for data input and reporting
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
The New Quality Check System
Criteria
• Definition of quality criteria
http://oami.europa.eu/en/userscorner/cons.htm
• Harmonized checklist in the IT-Tool
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
The New Quality Check System
Output
• Ability to set and monitor public targets
• Feedback to examiners
• Identification of systemic problems and training
needs
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
The New Quality Check System
Who is responsible?
• Classification
– Classification Expert Group
• Examination and opposition
– Legal Advisors
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
Quality Check Module Classification
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
Quality check Module Classification
Note: If Acceptable or Not Correct is selected, a list of possible
errors appears and the type of error has to be specified.
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
Quality Check Module – Absolute Grounds
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
Quality Check Module – Absolute Grounds
Note: If Aceptable or Not Correct is selected then a list of
possible errors appears and the type of error is specified.
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
Examination: Checking of Format
• Has the template been used?
• Is the objection letter repeated in the decision?
• Are the mark and the goods and services clearly
identified?
• Are the grounds for the objection and relevant legal and
factual material clearly identified?
• Does the decision summarize the relevant points made
by the applicant?
• Are the relevant points rebutted correctly?
Office for Harmonization
in the Internal Market
Content
(Trade Marks and Designs)
• Is the decision in accordance with the regulations,
relevant jurisprudence, guidelines, practice notes or any
other source of Office practice?
• Is the correct ground for refusal invoked?
• Is there a correct motivation, including possible
evidence?
• Has the language in which this ground is applicable been
identified?
• Has clear and correct language been used?
Office for Harmonization
in the Internal Market
Conclusion
(Trade Marks and Designs)
First Results
• New system now applied since February 2007
• First Quarterly Reports published on our website
• DIPP and TMDs to evaluate results and decide on
measures for improvement
Office for Harmonization
in the Internal Market
Conclusion
(Trade Marks and Designs)
First Results
• Content of oppositions not correct:
– Most errors found concerning comparison of goods
and services and
– comparisons of the signs
• Content of examination not correct:
– Classification examination
– Decision on objection/refusal not taken, but it should
have been taken
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
http://oami.europa.eu/en/userscorner/cons.htm
Community trade marks - Service
standards
Objective
end 2007
Jan/March
2007
Further Info
Decisions on classification complying
with OHIM quality standards
At least
95%
90.95% (1)
The error rate
measures the
percentage of
revised decisions
that do not
comply with the
Office's standards
( CTM quality
checks procedure
and standards )
Decisions on absolute grounds
complying with OHIM quality standards
At least
99%
98.69% (1)
Opposition decisions complying with
OHIM quality standards
At least
95%
87.23% (1)
WWW.OAMI.EUROPA.EU
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
Oppositions
From 02/02/07 to 08/06/2007
Number of items sampled: 302
Number of items checked: 279
Percentage of completion: 92.38%
Overall error rate:
13.26% (37)
Decision not correct: 4.3 %
Format not correct:
2.51%
Content not correct: 12.9%
Results
Office for Harmonization
in the Internal Market
Results
(Trade Marks and Designs)
Examination
From 02/02/07 to 08/06/07
Number of items sampled:
Number of items checked:
Percentage of check completion:
Overall error rate:
Classification:
Absolute Grounds:
1.938
1.785
92.11%
9.24%
8.63%
0.90%
Office for Harmonization
in the Internal Market
(Trade Marks and Designs)
Information:

(+ 34) 965 139 100 (switchboard)

(+ 34) 965 139 400 (e-business technical incidents)

(+ 34) 965 131 344 (main fax)

[email protected]

[email protected]

Office for Harmonization in the Internal Market
(Trade Marks and Designs)
Avenida de Europa, 4
E-03008 Alicante
SPAIN
WWW.OAMI.EUROPA.EU