Does the Office check the availability of marks when examining filings ?

No. You are legally responsible for making sure your future trademark is not already taken by someone else. The Office accepts no responsibility. If you fail to carry out a prior art search before filing a trademark application, there is a risk that prior rights holders may take action against you for trademark infringement or unfair competition.  Prior art may include a pre-existing registered or well known (unregistered) trademark, a trading name, brand name, domain name, patronymic, geographical name, or the name of an association. Carrying out these searches and analysing the results can be a complex task, and so it is strongly recommended to enlist the services of an industrial property specialist to guide you through the process.