OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS) Note for the attention of the members of the Administrative Board

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1 OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS) ADMINISTRATIVE BOARD Alicante, 7 October CA/1/S4/5/REV1/EN(O) Note for the attention of the members of the Administrative Board Overview of the Office s activities has seen a number of improvements in the speed of publication and registration of Community trade marks, and also, in the opposition process. At the same time, CTM applications have continued to grow. With regard to registered Community designs, applications have recovered compared with the previous year and the timeliness objectives are being met and slightly exceeded. The Boards of Appeal are experiencing a major increase in the number of appeals filed and are expecting to both close more cases and make more decisions. On e-business, electronic filing continues to gain ground for CTMs, and is fairly steady for RCDs, while at the Register, Recordals and Inspection of File requests are moving closer to the target period of 14 days. Full details of the statistics are available in the MORE report (attached) and a short analysis of the figures in the key areas mentioned is provided below. Trade Marks CTM applications returned to growth during the final quarter of last year and have continued to increase during the first three quarters of. On current trends the Office expects to deal with more than 97, applications this year, with Madrid Protocol applications representing 14% of the total. This projection is 8% more than the Work Programme estimate and is 1% up on the pre-recession year of 27. CTM applications (Jan-Oct) 9, 8, 7, 6, 5, 4, 29 3, 2, 1, Avenida de Europa, 4 E - 38 Alicante Spain Tel , direct Fax Internet: ABBCIF@oami.europa.eu

2 In spite of the steady increase in applications, processing times have continued to fall. In the first quarter of, 67% of CTM applications, for straightforward files (not experiencing opposition or appeal) were being published within the Service Charter standard of 11 weeks and 49% were registered in 26 weeks. By the third quarter 95% of files were complying with the publication standard and 89% with the registration standard. Performance on oppositions also showed a substantial improvement during the first three quarters of the year. The current goal is to notify the decision within 17 weeks from the end of the adversarial proceedings. During the third quarter, the target was met in 69% of cases, and in practice, around half the decisions were notified within seven weeks. Meanwhile the level of quality has remained steady at around 9% compliance with the Office s quality criteria, leaving it still short of the 95% target. Designs The number of registered Community designs received is also expected to show growth overall, taking into account international applications. Direct filings are slightly up overall during January to September but are still expected to finish the year at around 73,3, about 3% short of the Work Programme estimate. However, this is compensated for by a rise in international applications, which are estimated to reach 7, this year, which is 5% higher than in 29. RCDs received (Jan-Oct inc. IAs) 8, 7, 6, 5, 4, 3, 29 2, 1, Currently 85% of RCDs are being registered within the target time of 45 days. In addition, a substantial number of applications are now being published within 1 days and some, complying with a few simple guidelines, within 48 hours. At the same time, the Office is complying with the established quality standard. Register OHIM s Register contains details of around 36, owners and 4, representatives, with numbers growing every year. Changes and entries to the Register include transfers of ownership, seniority claims, licences, claims for cancellation or invalidity, divisions of trade marks, requests for conversion of a CTM application into one or more national applications, and also correction of errors. In the third quarter of this year, 92% of all transfers of ownership were completed within 14 days compared with the target of 95%, a substantial improvement on the first quarter. Inspection of File Requests involve printing and sending out paper copies for customers who need them. Thanks to the Online Access to Files for trade marks, users can access all published CTMs via CTM Online and review the file content themselves, free of charge and 2

3 without the need of intervention by OHIM. Nevertheless, OHIM continues to receive close to 12, Inspection of File requests each year. In October, 98% of such requests were handled within 14 days, which exceeds the target of 95% The Register also deals with around 4, requests per year from owners and representatives wishing to change details such as names and addresses. Pending the introduction of the planned Electronic Register service, which will allow these changes to be made directly by users, OHIM introduced a simplified paper form in October to streamline requests for these frequently asked for changes. Appeals This year the Boards of Appeal are projecting a 48% increase in the number of appeals filed compared with 29. By the end of October 2,16 appeals had already been received, compared with 1,588 during all of the previous year. Over the same period the Boards made 1,57 decisions. By the year end, the Boards expect to close 1,9 appeals and make 1,85 decisions. In both cases this is slightly up on the previous year, and around 12% higher than projected in the Work Programme. E-Business E-filing continues to be popular and is now the preferred route for most users. At present the use of the CTM e-filing web form is steady at around 94% of filings, excluding filings under the Madrid Protocol. For RCDs, e-filing was around 64% of the total in October; and 28% of oppositions against CTM applications were being received electronically. MyPage users now account for 56% of all CTM filings. E-Certificates are now available for both CTMs and RCDs, and a number of significant projects improving e-services for users are planned over the coming months including an online opposition tool and an Electronic Register service. The register tool will automate management of CTM and RCD portfolios, allowing direct online changes of representatives, ownership transfers and amendments of personal data. In parallel, a new, improved version of MyPage is currently under development, and the common search platform (COPLA) to replace CTM Online, RCD Online and Online Access to Files is also at an advanced stage. MORE Report The comprehensive data regarding the Overview of the Office s activities can be found in annex in the MORE Report. 3

Last update: 27 28 29 Last Saved: 12/11/ 16:22:43 Until end of October Work Programme Estimation end * Difference estimation / Work Programme** CTM filed (no duplicates) 88,471 88,32 88,538 8,185 9,

4 Last update: Last Saved: 12/11/ 16:22:43 Until end of October Work Programme Estimation end * Difference estimation / Work Programme** CTM filed (no duplicates) 88,471 88,32 88,538 8,185 9, 96,915 18% % via Madrid 14% 16% 14% 14% 15% 14% 93% = % via E-filing 67% 7% 78% 81% 8% 81% 11% CTM settled in examination 96,663 93,868 8,618 79,742 9, 96,5 17% Optional Nat. Searches & paid 2,746 2,358 1,577 2,97 2,13 71% % optional Nat. searches & paid 3.71% 3.12% 2.5% 3% 2.5% 83% CTM published 83,674 97,82 81,842 83,657 87,5 1, 114% Oppositions filed (no dupl) 16,61 18,853 13,886 14,779 18,15 18,69 1% % via E-filing 13% 17% 28% 25% 28% 112% Oppositions settled 13,948 15,673 16,44 17,693 2, 2, 1% Nr. decisions 5,173 4,677 5,766 8,587 8,888 9,3 15% CTM registered 68,11 81,488 89,948 84,8 94,2 1, 16% Renewal (of ctm N-1) 13,413 14,947 17,81 17,921 25, 22, 88% % Renewal (of ctm N-1) 62% 59% 52% 59% 5% 85% International Applications 3,454 3,83 3,768 3,932 3,5 4, % Cancellations filed % Cancellations settled % Inspections filed 9,964 1,69 9,341 9,156 9, 1, % Recordals filed 47,683 49,291 53,272 52,279 45, 62, % Appeals filed 1,952 1,815 1,588 2,16 1,9 2, % Appeals closed 1,8 1,89 1,864 1,516 1,7 1,9 112% Nr. decisions 1,776 1,866 1,848 1,57 1,65 1,85 112% = RCD Filed (no duplicates)*** 77,278 77,93 71,541 61,488 75, 72,979 97% % via E-filing 33% 4% 53% 64% 65% 64% 98% IRCD Filed 2,721 5,25 5, % RCD examined 76,591 81,15 74,86 65,795 75, 76,979 13% RCD published 71,513 76,517 69,55 61,79 67,47 72,979 18% RCD deferred 7,47 7,952 6,347 5,22 7,5 6,242 83% RCD registered 74,443 78,626 71,64 61,987 73,5 72,979 99% Renewal (of rcd N-5) 2,811 25,598 24,435 31,82 29,911 94% % Renewal (of rcd N-5) 51% 48% 47% 5% 47% 94% RCD invalidity filed % RCD invalidity closed % Nr. Decisions % Cases lodged before CFI % Cases lodged before ECJ % 4

5 Timeliness Service Standards User interaction required? CTM registrations (excl opposed & appealed files, if any) end 1Q 2Q 3Q 4Q No Yes From reception to examination done (25 days) 99% 84% 92% 94% 93% From reception to publication done (No NAT Searches) (11 weeks) 99% 67% 93% 95% 96% From reception to milestone registration (No NAT Searches) (26 weeks) 99% 49% 6% 91% 95% From reception to publication done (Yes NAT Searches) (18 weeks) 99% 59% 84% 93% 96% From reception to milestone registration (Yes NAT Searches)(33 weeks) 99% 32% 56% 81% 88% From reception to Office's first action (31 days) 99% 59% 66% 68% 76% From reception to publication done (32 weeks) 8% 77% 87% 91% 92% From reception to Office's refusal (43 weeks) 8% 79% 9% 9% 85% From reception to milestone registration (47 weeks) 8% 72% 75% 87% 89% International registrations (excl opposed and appealed files) No Yes From reception from WIPO to first statement of grant for protection (25 days) 99% N/A N/A N/A N/A From reception from WIPO to publication of registration (48 weeks) 99% 98% 61% 99% 82% From receipt from WIPO to Office's first action (31 days) 99% 38% 29% 29% 18% From receipt from WIPO to Office's refusal (43 weeks) 8% 39% 46% 55% 29% From reception from WIPO to publication of registration (48 weeks) 8% 31% 39% 5% 44% CTM opposition (excl suspended files) No From the end of the opposition period to the end of the Admissibility phase (2 days) 99% 73% 94% 96% 95% = Yes From end of opposition period to Office's first action (34 days) 99% 54% 59% 63% 56% - From the end of the adversarial part of the proceedings to notification of the decision (17 weeks) 99% 43% 55% 7% 69% = RCD registration - From reception to registration of RCD published (45 days) 8% 76% 81% 79% 85% Inspection of files - From reception of request to issuance (14 days) 95% 89% 84% 95% 98% Recordals - From reception of request to transfer recorded (14 days) 95% 77% 94% 93% 92% = Appeals Estimation end ** Percentage of receipts sent within 1 natural days 9% 81% 96% 9% Percentage of ex-parte decisions notified within 4 months * 6% 68% 7% 76% Percentage of ex-parte decisions notified within 6 months* 75% 79% 93% 9% Percentage of inter-parte decisions notified within 4 months * 8% 67% 74% 72% Percentage of inter-parte decisions notified within 6 months* 85% 78% 83% 81% * The times given start at the moment at which the Boards receive the files for decision from the Registry and include all necessary steps like eventually translation, further exchanges with parties, searches and other study of the cases, preparation of ** The estimation is not defined as objective, but shows the expected average pending times only. 5

6 2,5 18, ,372 Received Oppositions 2, 18, 2, Actual per month (incl linear trend) 1,5 1, 13,557 14,225 1,721 9,939 9,82 12,885 11,5 1,646 11, , 14, 12, 1, 8, 6, 4, 851 Received CTM applications 98,496 88,254 87, ,648 45,25 48,899 57,37 4,277 31,623 27,275 43,131 12, 1, 8, 6, 4, 2, 14, 2, 12, 1, 8, , Received Appeals 4, 3 2, 3, ,385 1,588 1, Moving annual trend Actual per month (Incl linear trend) Moving annual trend Received designs 72,98 71,469 77, ,792 9, 8, 7, 6, 5, 4, 3, 2, 1, 1, 9, 8, 7, 6, 2,5 2, 1,5 1, 5, 4, 3, 2, 1, Moving annual trend Actual per month (incl linear trend) Moving annual trend Actual per month (Incl linear trend) 6

7 E-Business Dec-9 Mar-1 Jun-1 Sep-1 Oct-1 CTM filed electronically (only among ctm filed directly) 94% 93% 92% 94% 94% 93% = OPP filed electronically 26% 27% 28% 25% RCD filed electronically 62% 63% 66% 68% 64% 65% Number of CTM owners with MyPage password 1,64 1,87 2,7 2,251 2,336 Number of CTM representatives with MyPage password 2,334 2,551 2,731 2,856 2,91 Number of RCD owners with MyPage password Number of RCD representatives with MyPage password 1,489 1,625 1,77 1,76 1,778 E payment. Nº of fees paid electronically 13.86% 14.51% 15.23% 16.5% 15.19% IT applications where last month availability was not 1% Citrix services 1. % 98.9 % 1. % % % 99.7% = Internet browsing 1. % 1. % 1. % % % 99.7% = SAP PRODUCTION % 1. % 1. % % % 99.7% = SUPP INSITE 1. % 1. % 1. % % % 99.7% = Business Objects 1. % 1. % % % % 99.7% COM Agenda (AGD) 1. % 1. % 1. % 9.93 % 9.93 % 99.7% COM Board of Appeals (BOA) 1. % % % % % 99.7% = ecomm27 1. % 1. % 1. % 95.8 % 95.8 % 99.7% RCD Recordal 1. % % % % % 99.7% E-business outside services where last month availability was not 1% CTM e-filing % % 1. % % % 99.7% CTM E-Renewal 1. % 1. % 1. % % % 99.7% = OWS Search % % % % % 99.7% = RCD e-filing % 98.6 % 1. % % % 99.7% 7

8 Switchboard Dec-7 Dec-8 Dec-9 Mar-1 Jun-1 Sep-1 Oct-1 Total number of calls 7,925 9,219 9,431 12,671 11,416 9,366 9,147 Telephone calls answered within 2 seconds 96% 94% 96% 95% 96% 98% 96% 9% Calls lost / not attended.6%.75%.81%.59%.64%.81% 1.51% Telephone calls to OHIM e-business hotline answered within 2 seconds 96% 93% 1% 97% 97% 98% 97% 9% Information Centre Dec-7 Dec-8 Dec-9 Mar-1 Jun-1 Sep-1 Oct-1 Total number of calls 3,157 3,482 2,835 3,86 2,686 2,64 2,274 Calls taken 76% 84% 74% 68% 65% 94% 96% Calls not attended (back to Switchboard) 24% 16% 26% 32% 35% 6% 4% 2% Total number of s/ fax received ,95 1,226 1,242 1,241 1,151 s answered within 2 days 92% 87% 38% 32% 24% 93% 89% 9% Incidents (received by Information Centre, E-business Help) Dec-7 Dec-8 Dec-9 Mar-1 Jun-1 Sep-1 Oct-1 Total no. of incidents reported by E-business help Total no. of incidents reported by Information Centre Incidents related to delays Incidents related to errors Official complaints (via Customer Care Unit) Dec-7 Dec-8 Dec-9 Mar-1 Jun-1 Sep-1 Oct-1 Total number of complaints lodged Complaints dealt with within 15 working days 9% 8% 86% 83% 1% 1% 9% 8

9 Files / Tasks pending CTM Tasks and Files Nº of files Nº of tasks Application received Examination + search + translation 16,887 24,514 Examine classification 547 Re-examine classification 1,773 Examine formalities 533 Re-examine formalities deficiency 498 Examine priorites / seniorities 253 Re-examine priorities / seniorities deficiency 343 Examine absolute grounds 89 Re-examine AG Objection 1,81 Validate basic fee 5,83 Notify basic fee deficiency 84 Validate class fee 1,99 Request community & national search 423 Request community only search 1 Request translation 5,284 Pre-publication A 1,85 1,274 Check application before publication A1 Correct error to allow publication in A1 19 Perform publication in A1 275 Application published (waiting for potential opposition) 23, Application published (opposed) 2, Key in and admissibility check 158 Admissibility decision to be taken 12 Notify Admissibility opposition 496 Check for aplicant's observations 14,944 Check substantiation 12,251 Check for opponent' s reply 1,77 Decision to take 1,628 Registration pending Send 1st invitation to pay R-fee Send 2nd invitation to pay R-fee Validate F-7 + F-11 + F-32 fee Validate F-7 + F-11 fee 1 Validate F-7 + F-32 fee Validate F-7 fee 1 Registered 533 2,34 Perform publication in B1 348 Perform publication in B2 162 Perform publication in B3 Issue registration certificate 1,821 Designs In examination process 5,753 in publication process 762 Appeals Pending appeal files 1,949 Oct-1 9

10 Quality of decisions* 1 Qr 29 2 Qr 29 3 Qr 29 4 Qr 29 1 Qr 2 Qr 3 Qr CTM and Opp decisions ** Decisions on classification complying with OHIM quality standards 93% 94% 94% 95% 97% 97% 97% 96% % of post check completion. Sample size +/- 5% of population. 1% 97% 1% 1% 1% 99% 74% 1% Decisions on absolute grounds complying with OHIM quality standards 99% 99% 1% 99% 99% 99% 99% 99% % of post check completion. Sample size +/- 5% of population. 1% 97% 56% 1% 1% 1% 49% 1% Opposition decisions complying with OHIM quality standards 77% 9% 96% 91% 9% 91% 91% 95% % of post check completion. Sample size +/- 25% of population. 1% 1% 5% 1% 1% 94% 61% 1% RCD publications RCD publications complying with OHIM quality standards 97% 98% 98% 99% 99% 98% 1% 98% % of post check completion. Sample size is 7% of population. 1% 1% 1% 1% 1% 1% 1% 1% *For reliability reasons, the result is only updated when a reasonable sample completion has been achieved and the quarter is finished. 1

11 Efficiency tools Dec-6 Dec-7 Dec-8 Dec-9 Mar-1 Jun-1 Sep-1 Oct-1 end % Euronice recognition 39% 5% 51% 57% 55% 53% 57% 6% % Euronice complete translation 14% 17% 21% 26% 24% 24% 25% 28% % Eurolocarno complete translation 89% 88% 9% 93% 92% 93% 93% 93% = % Euroace expressions found 52% 56% 55% 59% 61% 59% 62% 59% 55% % Euroace Applications 1% classified 17% 19% 22% 21% 26% 27% 26% 26% 11

The Experience of Accession to the Madrid System &

The Experience of Accession to the Madrid System & the Current Situation in Singapore Louis Chan Director / Legal Counsel (Trade Marks) Intellectual Property Office of Singapore Tokyo, Japan 6 August 2009