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Quality check system in OHIM

Quality check system in OHIM. Overview over the new procedure. New quality check process. IT- support for data input and reporting Randomly selected cases Statistical relevant size of samples -7% of examined CTMAs, 102 weekly - 18% of opposition decisions, 16 weekly.

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Quality check system in OHIM

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  1. Quality check system in OHIM Overview over the new procedure

  2. New quality check process • IT- support for data input and reporting • Randomly selected cases • Statistical relevant size of samples • -7% of examined CTMAs, 102 weekly • - 18% of opposition decisions, 16 weekly

  3. New quality check process • Harmonized checklist • Definition of quality criteria • Outputs: • Feedback to examiner • Identification of systemic problems and training needs • Ability to set and monitor public targets

  4. Who is responsible • Classification Expert Group • - Classification • Legal Advisors • - Examination and opposition

  5. Quality check module – classification part

  6. Quality check module – Classification Check Note: If Aceptable or Not Correct is selected then a list of possible errors appears and the type of error is specified.

  7. Quality check module – absolute grounds part (Q1)

  8. Quality check module – Absolute grounds Check Note: If Aceptable or Not Correct is selected then a list of possible errors appears and the type of error is specified.

  9. 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 these relevant points rebutted?

  10. Content • Is the decision in accordance with the regulations, relevant jurisprudence, guidelines, manual, practice notes, legal advisers’ minutes or any other source of Office practice? • Is the right 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?

  11. Quality check module – Opposition Check Note: If Aceptable or Not Correct is selected then a list of possible errors appears and the type of error is specified.

  12. Opposition Decision – Format Errors

  13. Opposition Substance - Errors

  14. Conclusion • New system (only) applied since 1 month • Too early for conclusions • Quarterly reports to be published beginning second quarter 2007 • DIPP and TMDs to evaluate results and decide on measures for improvement

  15. OHIM Contact Information:  (+ 34) 965 139 100  (+ 34) 965 131 344  information@oami.europa.eu  Office for Harmonization in the Internal Market (Trade Marks and Designs) Avenida de Europa, 4 E-03008 Alicante SPAIN

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