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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. http://oami.europa.eu/en/userscorner/cons.htm. The New Quality Check System. Main Features - PowerPoint PPT Presentation
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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)
Office for Harmonization in the Internal Market (Trade Marks and Designs)Avenida de Europa, 4E-03008 AlicanteSPAIN
