Office for Harmonization in the Internal Market (Trade Marks and Designs)

WWW.OAMI.EUROPA.EU

Office for Harmonization in the Internal Market (Trade Marks and Designs)

WWW.OAMI.EUROPA.EU

Quality check system in OHIMOverview on the new procedure

Liaison Meeting on Trade Marks, 14./15. June 2007 Alicante

Beate Schmidt,

Director of Trade Marks and Cancellation Department

Office for Harmonization in the Internal Market (Trade Marks and Designs)

WWW.OAMI.EUROPA.EU

Office for Harmonization in the Internal Market (Trade Marks and Designs)

WWW.OAMI.EUROPA.EU

   

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)  

 

http://oami.europa.eu/en/userscorner/cons.htm

Office for Harmonization in the Internal Market (Trade Marks and Designs)

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)

Office for Harmonization in the Internal Market (Trade Marks and Designs)

The New Quality Check System

Criteria

• Definition of quality criteriahttp://oami.europa.eu/en/userscorner/cons.htm

• Harmonized checklist in the IT-Tool

Office for Harmonization in the Internal Market (Trade Marks and Designs)

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)

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)

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)

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)

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)

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)

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 (Trade Marks and Designs)

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Content

• 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 (Trade Marks and Designs)

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Conclusion

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 (Trade Marks and Designs)

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Conclusion

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)

WWW.OAMI.EUROPA.EU

Office for Harmonization in the Internal Market (Trade Marks and Designs)

WWW.OAMI.EUROPA.EU

   

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)  

 

http://oami.europa.eu/en/userscorner/cons.htm

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Results

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%

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Office for Harmonization in the Internal Market (Trade Marks and Designs)

Results

Examination

From 02/02/07 to 08/06/07

Number of items sampled: 1.938

Number of items checked: 1.785

Percentage of check completion: 92.11%

Overall error rate: 9.24%

Classification: 8.63%

Absolute Grounds: 0.90%

Office for Harmonization in the Internal Market (Trade Marks and Designs)

WWW.OAMI.EUROPA.EU

Office for Harmonization in the Internal Market (Trade Marks and Designs)

WWW.OAMI.EUROPA.EU

Information: (+ 34) 965 139 100 (switchboard)

(+ 34) 965 139 400 (e-business technical incidents)

(+ 34) 965 131 344 (main fax)

information@oami.europa.eu

e-businesshelp@oami.europa.eu

Office for Harmonization in the Internal Market (Trade Marks and Designs)Avenida de Europa, 4E-03008 AlicanteSPAIN