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Quality check system in OHIM

This document outlines the new quality check processes implemented by OHIM, including IT support for data input, random case selection, and a statistically relevant sample size for quality assessment. The system evaluates various aspects such as classification accuracy, adherence to legal guidelines, and content consistency in examination and opposition decisions. In addition, it establishes a harmonized checklist and identifies training needs. Quarterly reports on the effectiveness of the system will begin in the second quarter of 2007.

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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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