OHIM: "discrepancies" in opposition figures? ... and a new watch service too
No, this is not another post concerning a potential OHIM scandal (see here). The IPKat's good friend Alfred Strahlberg has contacted the Kat with an interesting observation concerning the numbers of oppositions filed against "normal" Community Trade Mark applications (average 17.45%) and the significantly lower number of oppositions filed against European Community designations of international marks under the Madrid system (8.3%). Alfred has helpfully and with Swiss precision calculated the above percentage numbers for the Kat, who in turn apologises that the picture below is a little blurry. So what is the reason for the discrepancy in the numbers of oppositions filed against CTMs and IRs designating the EU? Alfred speculates that
"...one reason may be because the republication of an IR occurs six months prior to the opposition period and the end date of the opposition period is not indicated, making it hard to monitor. Also CTM Online as regards IRs is sometimes not updated when the opposition period is open."
This Kat too has noticed that there appear to be some general problems with the updating of information on CTM Online - but could this really affect the numbers of oppositions significantly? Fellow MARQUES Class 46 blogger Mark Schweizer has another plausible explanation:
"Could it also be that IR marks, as they need a basis registration/application, are less likely to be opposed at OHIM, but rather at the central level? At least if I have a choice as opponent - i.e., I also have a mark in the "home country" of the IR - I'd probably prefer to oppose the base registration and kill it once and for all."
While writing this post, the IPKat noticed a message on the OHIM's website concerning a new "CTM watch service" which as of today's date could potentially help with monitoring the progress of any type of application:
"Users of MyPage, the password-protected platform making it easier to do business with OHIM, will have access to a new feature allowing them to track the progress of CTM applications as well as international applications from 1 October. [IPKat: should this read "European Community designations of international trade mark registrations"...? OHIM's explanatory leaflet refers to "International Registrations".]
Using the CTM Watch service, users will be able to select any CTM application or international application and receive an e-mail alert when the application status changes. For example, a user can ask to be informed when a CTM/IR is published or registered. For more information on CTM Watch see our leaflet."
Image from "cat-behavior-explained.com"
This particular Kat is very interested in the new watch service and rather optimistically hopes it will be fed with up date data. Mark's explanation above makes a lot of sense and he certainly describes a preferred strategy within the first 5 years of the IR's life. However, could there be more obscure reasons for the discrepancy in opposition figures? If so, what other reasons could there be? Have any of our readers experienced problems with inaccurate data on CTM Online and so perhaps miscalculated or even missed an opposition deadline? While we would all contact the Office to seek clarification, sometimes there just is not enough time...
This Kat is interested in our readers' views, experiences and theories.