The European Union’s trade mark offices have adopted two new Common Practices — CP16 and CP17 — that harmonise examination criteria across Europe. Their implementation at the OEPM on 16 April 2026 strengthens legal certainty for businesses and industrial property attorneys.

1. The Convergence Programme: the backbone of European IP

The European Union’s internal market operates on two levels of industrial property protection: the community system managed by the EUIPO, and the national systems of each Member State. Rather than a weakness, this duality is a strength of the European model — provided both levels speak the same language. It was precisely to ensure that coherence that the EUIPN Convergence Programme (European Union Intellectual Property Network) was established in 2011.

Its objective is to eliminate divergences in the way different IP offices examine and resolve trade mark, design and model applications. Over the years, significant milestones have been reached: the network now brings together more than 200 experts from national and regional offices, user associations and international bodies; and in January 2022 the network surpassed one thousand implemented tools, services, certifications and common practices.

From the perspective of intangible rights, the Convergence Programme represents a firm commitment to systemic efficiency: it is not enough for protection to exist; that protection must be predictable, consistent and comparable across all 27 Member States. A trade mark refused in Spain for being descriptive should not succeed in Germany or France for the same reason — and vice versa. Common Practices are the technical instrument that makes this ambition possible.

2. CP16 and CP17: the two new Common Practices

On 8 November 2025, the EUIPO Management Board unanimously adopted Common Practices CP16 and CP17, developed under the SP2030 Strategic Plan with the active participation of national, regional and user association experts including ECTA. Both represent the first generation of Common Practices under this new strategic cycle.

CP16 — Signs describing the subject matter of goods and/or services

Article 4(1)(c) of the Trade Mark Directive prohibits the registration of signs that serve to designate, in trade, characteristics of goods or services — including their subject matter. However, the interpretation of the concept of subject matter had not been applied uniformly across national offices. CP16 establishes a common definition and sets out the general principles for assessing when a sign describes the subject matter of the goods or services for which protection is sought, providing illustrative examples that guide both examiners and applicants.

In practical terms, this means that a trade mark application containing terms directly descriptive of the subject matter of a service — for example, a sign such as “REPAIR” for vehicle workshop services — will receive the same treatment in Madrid, Munich or Warsaw. Situations of arbitrariness that generated legal uncertainty and could distort the market are thereby eliminated.

CP17 — The distinctive character of slogans

Slogans are one of the most complex sign types from an examination standpoint, and one of the areas where divergence between offices has historically been greatest. CP17 introduces a harmonised definition of the concept of a slogan and establishes a non-exhaustive list of relevant factors for assessing its distinctive character under Article 4(1)(b) of the Trade Mark Directive.

Whether a slogan can function as a trade mark — that is, whether consumers will perceive it as an indicator of commercial origin rather than a mere advertising message — depends on factors such as its linguistic originality, the absence of purely laudatory content, or the acquisition of distinctiveness through use. The Common Practice systematises these factors and incorporates concrete examples, providing an invaluable tool for legal practitioners and businesses when designing their brand strategy.

3. Why do they improve the efficiency of intangible rights protection?

The adoption of CP16 and CP17 is not a mere bureaucratic exercise. Their effects on the efficiency of the intangible rights protection system are concrete and measurable across at least four dimensions:

• Greater predictability in examination. Businesses and their representatives can more accurately anticipate the outcome of an application. The number of unexpected objections and contradictory rulings between offices is reduced, lowering the cost of registration strategy and minimising litigation.
• Reduced fragmentation of the internal market. A trade mark registered in one Member State under the new harmonised criteria has a greater likelihood of obtaining equivalent protection throughout the European territory, facilitating cross-border business expansion without the need for differentiated strategies by country.
• Transparency for examiners and users alike. The Common Communications are publicly available in all 23 EU languages. This means any applicant — regardless of size or resources — can consult the applicable criteria, reducing information asymmetries between large corporations and SMEs.
• Solid jurisprudential foundation. Both practices are built upon principles drawn from relevant judicial decisions at European level, giving them enhanced legitimacy and aligning them with the courts’ interpretation. The criteria do not arise from administrative discretion but from living law.

4. Implementation in Spain: key date of 16 April 2026

The Spanish Patent and Trade Mark Office (OEPM) will implement CP16 and CP17 on 16 April 2026, in line with the Q1 2026 timeline agreed between national offices and the EUIPO. From that date, OEPM examiners will apply the new harmonised criteria when assessing the descriptiveness of signs and the distinctive character of slogans.

For companies with pending applications or in the preparation stage, now is the time to review their files in light of the new criteria. For those planning new applications — particularly those involving slogans or potentially descriptive signs — knowledge of CP16 and CP17 becomes a first-order strategic asset.

5. Closing thoughts

The convergence of industrial property practices is not an end in itself, but a means of building a truly integrated European market for intangible rights. In a context where the EUIPO received a record-breaking 327,000 trade mark and design applications in 2025, system coherence is not merely desirable: it is indispensable.

CP16 and CP17 represent another step in that direction. They do not resolve all divergences — the path to full harmonisation is long and complex — but they do establish common ground in two particularly contentious and frequent areas: descriptiveness of subject matter and distinctiveness of slogans. At Marques & Ferrer, we will monitor their practical application closely and are available to support our clients in adapting their brand strategies accordingly.

Marques & Ferrer
Industrial Property Attorneys

Have you filed a patent or utility model application in Spain or abroad? Are you an innovative company or a self-employed inventor? The Spanish Patent and Trademark Office has published its call for grant applications for 2026, which allows you to recover a portion of the official costs incurred in protecting inventions.

Below, we summarise the scope of the grant, the eligible recipients, the eligible expenses and the application procedure.

¿En qué consiste esta ayuda?

The Spanish Patent and Trademark Office (OEPM) partially subsidises the costs associated with official procedures before patent offices, through two distinct schemes:

National scheme: aimed at applications for Spanish patents and utility models.
International scheme: aimed at international applications, whether through the PCT system, the European Patent Office or via foreign national offices.

Applications for both schemes may be submitted simultaneously and are compatible with other public funding, within the applicable limits.

Who is eligible to apply?

The following are eligible for these grants:

• Individuals.
• Self-employed persons.
• Spanish SMEs that are the applicants and have borne the cost of the eligible procedures.
• Eligibility is linked to the applicant’s status and to the actual bearing of the costs.

Which expenses are eligible for funding in 2026?

– International programme

This applies to inventions protected outside Spain. Subsidies are available exclusively for official fees relating to the following procedures:

A) Foreign or regional offices:
– Application for a patent or utility model
– Validation of European patents outside Spain
– Prior art search
– Examination of the application
– Grant of the patent

B) European Patent Office (EPO):
– Designation of countries
– Excess claims
– Annuities prior to grant

C) PCT international procedure, where the SPTO has been involved:
– International application
– International search
– International preliminary examination

– National Programme (OEPM)

This applies exclusively to inventions protected in Spain through the OEPM.

– Utility model application
– Prior art report
– Patent application
– Prior art report
– Substantive examination

How much can be recovered?

Up to 80% of general costs.
Up to 90% for SMEs and individuals.

Subject to a limit of €300,000 over three years in accordance with the de minimis rules.

What expenses are eligible under this call for applications?

Expenses incurred between 1 January and 31 December 2025.

How do I apply?

Online application via the SPTO website.
One-month deadline from the date of publication in the Official State Gazette.

What documents are required?

The applicant’s tax identification number
Proof of representation
Bank details
Affidavits
Supporting documentation for expenses

Why submit the application?

It helps to reduce the cost of protecting innovation and facilitates its expansion into other markets. It is of interest to start-ups, innovative companies, inventors and technology-based SMEs.

Would you like to discuss your case?

At Marqués & Ferrer, we can help you to:

Assess the eligibility criteria.
Estimate the amount you can claim.
Prepare your application.
Organise the necessary documentation.

You have until 24 April. Contact us!

The term “hallucinations” in artificial intelligence (AI) refers to when a system generates false or invented statements that it presents as true. This phenomenon is particularly common in language models such as ChatGPT, DeepSeek, Grok, Queen, and Gemini, which produce text based on statistical patterns without verifying the accuracy of the content. As a result, an AI can provide incorrect data, fictitious legal citations, or erroneous legal interpretations with complete conviction.

While in some contexts these hallucinations may seem anecdotal, their use in legal, administrative, or technical settings can have serious legal consequences.

WHY DO THEY OCCUR?

AI models don’t reason or understand like humans. Instead of “knowing” something, they generate the most likely answer based on the data they were trained with. When the available information is insufficient, ambiguous or contradictory, the system tends to fill the gap with plausible but erroneous content. This lack of verification makes hallucinations a structural risk of generative AI.

ASSOCIATED LEGAL RISKS

1. Liability:

When an AI offers false information that leads to harm (e.g., misdiagnosis, ill-advised investment, or failed legal action), questions arise about who should take responsibility: the developer, the provider, or the user. Although legislation is still being adapted today, there is already discussion about whether certain AI applications could be considered defective from the point of view of the product liability regime.

2. Use in legal and administrative environments:

Cases have come to light of lawyers sanctioned for submitting AI-drafted briefs containing non-existent jurisprudence. The use of hallucinated information in judicial or administrative proceedings may cause nullity, procedural errors or even violations of the right to effective judicial protection.

3. Defamation and the right to honor:

In some cases, AI has falsely attributed crimes they never committed or infamous acts to people. Such statements may constitute an illegitimate interference with the right to honour and give rise to civil liability or even sanctions for the protection of personal data, if the false information affects identifiable persons. 

4. Intellectual property:

An AI can generate content derived from or similar to copyrighted works without intention or awareness of it. If a generated creation infringes the rights of third parties, who is responsible? Although the current legal frameworks have not yet provided a uniform response, many developers are beginning to offer legal guarantees to users against possible claims.

CAUTION AGAINST AUTOMATED LEGAL ADVICE

It is essential to note that, in industrial property, no matter how convincing an AI-generated answer on legal issues may seem, consultation with an Industrial Property Agent should never be replaced. Legal interpretation requires contextual analysis, up-to-date normative knowledge, and technical criteria that no automatic model can reliably reproduce.

Have you filed a patent or utility model application in Spain or abroad?
Are you an innovative company or an independent inventor? Then this will interest you: the Spanish Patent and Trademark Office (OEPM) has opened its 2025 call for grant applications, aimed at helping you recover part of the official fees you’ve incurred.

Below, we explain what the grant covers, who is eligible, what expenses are included, and how to apply.

 What is this grant about?

The OEPM partially subsidizes expenses related to official procedures before patent offices, through two separate programmes:

• National programme: for Spanish patent and utility model applications.

• International programme: for international applications (PCT, EPO, or foreign national offices).

You may apply for both programmes simultaneously, and they are compatible with other public or private aid.

Who can apply?

Eligible applicants include:

– Individual inventors
– Self-employed professionals
– Spanish SMEs
– Companies acting as applicants (if they have paid the fees, even if the invention belongs to someone else)
– Legal representatives or IP agents acting on behalf of the applicant

 What expenses are covered in 2025?

– International Programme

Applies to inventions protected outside Spain. Only official fees are eligible for reimbursement:

Foreign or regional patent offices:

• Filing a patent or utility model application

• Validation of European patents (outside Spain)

• Prior art search

• Examination of the application

• Grant of the patent

European Patent Office (EPO):

• Designation of countries

• Excess claims fees

• Renewal fees prior to grant

PCT (when OEPM acts as receiving office or authority):

• International PCT filing fee

• International search fee (when OEPM acts as ISA)

• International preliminary examination fee (when OEPM acts as IPEA)

– National Programme

Available only to SMEs and individuals filing applications before the OEPM.

Eligible expenses:

• Filing a Spanish utility model

• Requesting the Search Report (IET) for utility models

• Filing a Spanish patent

• IET for Spanish patents

• Substantive examination of Spanish patents

How much can you receive?

The grant covers a fixed percentage of eligible expenses, based on predefined reference amounts.

 For SMEs and individuals: up to 90%
 For other cases: up to 80%

Important: The total aid must not exceed the maximum allowed under the EU de minimis regime: €300,000 per company over three fiscal years.

How do you apply?

Applications must be submitted entirely online through the OEPM’s electronic platform. One month from the date the announcement is published in the Official State Gazette (BOE).

 You can access the official call via this link.

 What documents are required?

Depending on whether you are an individual or a company, and whether you apply directly or through a representative, you must provide:

• Applicant’s NIF (Tax ID)

• Power of attorney (if company)

• Representative’s authorisation

• Bank account details

• Declarations regarding:

  • Paid fees

  • Document authenticity

  • Other aid received

• Programme-specific supporting documents (national or international)

What’s new in 2025?

While the overall structure remains similar to 2024, the 2025 call includes some important updates:

– Greater clarity on who should file the application when fees are paid by a company
– Stricter requirements for proving signing authority
– Alignment with the new Strategic Plan 2025–2027 of the Ministry of Industry
– Updated compliance with the EU de minimis regulation (December 2023)

 Why should you apply?

Because patenting is expensive, and this grant allows you to reduce the financial burden of protecting your innovations—whether in Spain or abroad. It’s especially relevant for:

• Tech startups

• R&D centres and spin-offs

• Independent inventors

• Innovative SMEs

 Want to know if you’re eligible?

Our firm can assist you with:

– Verifying eligibility criteria
– Estimating your potential reimbursement
– Preparing and submitting the application
– Properly documenting all expenses

Contact us—we’ll advise you with no obligation.