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Quality check system in OHIM

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

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Quality check system in OHIM

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  1. 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

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

  3. 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

  4. The New Quality Check System Criteria • Definition of quality criteria http://oami.europa.eu/en/userscorner/cons.htm • Harmonized checklist in the IT-Tool

  5. The New Quality Check System Output • Ability to set and monitor public targets • Feedback to examiners • Identification of systemic problems and training needs

  6. The New Quality Check System Who is responsible? • Classification • Classification Expert Group • Examination and opposition • Legal Advisors

  7. Quality Check Module Classification

  8. 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.

  9. Quality Check Module – Absolute Grounds

  10. 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.

  11. 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?

  12. 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?

  13. 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

  14. 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

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

  16. 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%

  17. 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%

  18. 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, 4 E-03008 Alicante SPAIN

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