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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Wednesday, March 01, 2006

 

Some Figures From OHIM.

From the EXTERNAL LINKOHIM Production Highlights - 2005:

"[...] CTM Input/Output: Just over 64.000 CTM applications were received in 2005, including 5.814 applications received through the Madrid Protocol. This total number exceeds the overall estimate of 55.000 applications originally foreseen by the Office, and is 10% more than the 58.902 CTM applications received in the year 2004. Electronically filed applications represented 29% of the total amount of CTM filings over the twelve months of 2005, as opposed to 21% in the previous year. However, this figure was 66% in the last quarter of the year, following the fee reduction for electronically filed CTM applications. [...]"
The quote of electronically filed applications appears quite remarkable to me. It might confirm my theory that with trade mark applications electronic filing procedures are much easier to implement and to use than with patent applications because of, from an IT point of view, trade mark applications are simpler data objects compared to patent applications.

"[...] RCD Input/Output: The registered Community design side of OHIM's work exceeded expectations in all areas, with the total number of designs filed at the Office reaching almost 64.000. This is 8.700 more designs than forecast, and tops the 2004 amount by 19%. Design applications also increased in the year 2005, with an 18% rise from 14.051 in 2004 to 16.620. [...]

Conclusion: On the whole, the Office has experienced a substantial increase in the total numbers of CTMs and RCDs filed in the year 2005, both in terms of the Office management's initial expectations and in comparison with the previous year. The use of electronic filing has been particularly high for CTMs, especially in the last quarter of 2005.

It has also achieved substantial improvements in the time taken to undertake many of the processes in the registration procedures, especially in the area of issuing receipts for e-filed applications, Absolute Grounds examination, the publication of CTM applications and the time taken to register the CTM from the date of reception.

However, the time taken to issue receipts for CTM applications filed by fax or mail has been longer than expected. The Office hopes to achieve better results over the coming year.

As regards decisions by the Boards of Appeal, their fewer number in 2005 is to be attributed to several factors among which the fact that a legislative change augments the time of the inter partes procedure (expressly allowing a double exchange of written submissions by both parties which can mean an additional 6 months).

Therefore inter partes cases have been comparatively few before the rapporteurs. The average time to decide on a case has, however, come down significantly in the Boards in 2005 (from 8.4 months in the last quarter of 2004 to 5.2 months end of 2005). The year 2006 will therefore be a challenging one for the Boards as the inter partes cases will become ready for decision in important numbers that will come to the rapporteurs in a big wave. Maintaining an acceptable time for decision will be challenging and will require the Boards to take a number of decisions that is significantly higher than last year.

The improvements experienced between 2004 and 2005 are undoubtedly due to the increased effort and output of the Office staff, and further advances in the same direction can be expected in the year 2006. "
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