OHIM Examination Process

1
Themes

• People
• Processes
• Organisation
• Resources
• Outcome

2
People

• Examiners making AG decisions have a statutory
  link to the Office
• Officials or temporary agents
• Multilingual (at least two and generally more)
• Seconded national experts

3
Processes

• Examination
• Opposition
• Cancellation

4
Process I

• Automatic allocation of files to services
• Numbers and language
• Language check (100 involved)
• Screening/ one file one examiner

5
Process II

• Referral to more experienced examiners or legal
  advisers before decision
• Legal advisers meeting
• Reserved cases
• Public order and morality
• Three dimensional marks

6
Organisation I
7
Organisation II

• Each of the eight services has a head of service
  and a legal adviser and a staff of about 25
  (total about 190)
• One service deals with cancellation with a total
  of about 30 staff and some assistance from
  elsewhere

8
Resources I

• Training
• Compulsory
• Optional
• Coaching (mentoring)
• Reference material
• Guidelines
• Specialist publications
• Online resources
• Internet search engines

9
Resources II

• Databases
• Decisions
• Legal Adviser Meeting minutes
• Consultations (in preparation)
• Expert advice
• Legal advisers
• DIPP

10
Opposition I

• Processes
• Admissibility
• Case management
• Decision making (25 of cases)

11
Opposition II

• People
• Examiners are the same as those examining for
  absolute grounds
• Organisation
• Files allocated to all groups
• Decisions written by one examiner but signed by
  three

12
Opposition III

• Resources
• Broadly the same as for other activities
• Decisions are based on evidence and argument of
  the parties

13
Cancellation

• Examiners are generally more experienced and
  given specific training

14
2.69 Doubles
1,65 No paymentRefusal
Filing datepayment
0.36 Refusals
Classification
0.09 Refusals
Formalities
3.26 Refusals
Absolute Grounds
3.14 Withdrawal before Pub
Publication Part A
89
1.79 withdrawal
Opposition
17
0.47 CTMA refusal 7.00 still pending in
opposition/appeal
80
Registration
1.38 Withdrawal after Pub
3.77 Deemed Withdrawn
Avg 2003/2004 figures
Registered
75
15
OHIM Contact Information
? ( 34) 965 139 100 ? ( 34) 965 131
344 ? information_at_oami.europa.eu ? Office
for Harmonization in the Internal Market
(Trade Marks and Designs) Avenida de Europa,
4 E-03008 Alicante SPAIN