Interview: OHIM: A day in the life




Examiner Mariana Pinto Coelho tells Emma Barraclough about a typical day in the Alicante office, including how examiners deal with classification, complex legal issues and consistency


It takes me up to half an hour to drive to the office. Alicante isn't a bad town for traffic but the public transport links aren't great here so I come by car. I've been in Alicante for 11 years now with OHIM after passing through Brussels where I worked in the Council secretariat.

I share an office with someone who usually works at home under the teleworking scheme and comes into the office when they have meetings. It's quiet and quite pleasant – I have a sea view. There's building work going on for a new OHIM building at the moment. When that's built, everyone will get their own office with glass partitions.

I work a lot on the computer since all the files are on the system. I might print off complex cases and I have a copy of the guidelines but the rest is on the computer system although there are usually some files around in the office for trade mark and design examinations.

I prefer to start a new application each morning but for more complex cases I might need to consult with our legal advisers so it may not be possible to close the file on the same day. We're testing a system of case allocation at the moment: I might be allocated files by key users and I may also request files from the system. I have a certain profile based on my language capabilities and classification expertise. The classification system for each new application is very quick. It follows the NICE classification and the system might even recognise it automatically, although it can be more complicated for some applications.

Once the mark is classified I consider the application on absolute grounds under article 7. Depending on the goods and services for which the application is made and the examiners' expertise it can take one to two hours. If the mark is going to be objected to, it may take two and a half hours. If the classification, formalities and absolute grounds are all very straightforward it can take five to 10 minutes.

I consult colleagues on issues of absolute grounds quite often, particularly when I am examining marks in different languages. We have native speakers in the office so I will get in touch with one of them either by email or else I will go and see them. We have a list of language checkers in the office: I am on the list for Portuguese. I am constantly switching languages: I also speak English, French, Spanish and some Italian and sometimes I change language without being aware I'm doing it.

On complex questions I often consult senior colleagues, and we have a team of legal advisers as well. They are available for consultations each morning so we just go and see them if we have any questions.

The majority of people stay here for lunch unless they have something they need to do downtown. The canteen has a very nice tariff. People usually meet up with colleagues of a similar age who they have known for a long time. But sometimes I use lunch as an opportunity to discuss a new issue with a particular colleague.

It's very sociable. I usually have lunch with one group of people and coffee with another. Working in a multinational office is a very interesting experience. It's rewarding but it also requires certain flexibilities because we need to adapt to different ways of seeing and understanding things. You need to be open minded. But I am very positive about it. There is a tendency for people to gather in national groups in the canteen but it doesn't happen all the time.

We have an examiners meeting one morning each week. They're very fruitful because we always get conclusions. They are led by a legal adviser and often cover absolute grounds. They give us time to discuss the problem. We also have a service meeting one morning each week. These cover production issues; the problems people might have and anything that touches on the functioning of the service and how it can be improved. Issues to do with the computer system we use, for example.

I leave at about 6pm, depending on the marks that I've been examining. The Office offers flexitime. We need to work seven and a half hours each day and be in the office between 9.30 and 1 and 3 to 4.30. OHIM has a lot of social clubs and most people use them a lot when they first join but then they settle into Alicante life and start to develop their own social infrastructure.

This interview is part of a series on ManagingIP.com looking at typical days for examiners, judges, clerks and others around the world of intellectual property. Visit www.managingip.com to read more.




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