SME FUND 2026: AID FOR THE PROTECTION OF TRADEMARKS, DESIGNS AND PATENTS

The European Union Intellectual Property Office (EUIPO) has launched the SME Fund 2026 program, continuing an initiative already established in previous editions, aimed at SMEs and self-employed workers who wish to protect their industrial property assets through partial reimbursement of the official fees associated with the registration of trademarks, designs and patents, both nationally and at the European and international levels.

WHAT IS THE SME FUND 2026?

The SME Fund is a grant program that allows SMEs and the self-employed to obtain reimbursement of the official fees associated with registering industrial property rights. Now in its fifth edition, the program has a total budget exceeding €20 million and provides aid in the form of vouchers, which are granted upon application and applied to specific IP protection actions initiated after they are awarded.

WHO CAN BENEFIT FROM THIS AID?

– Small and medium-sized enterprises (SMEs) established in the European Union with fewer than 250 employees, and an annual turnover equal to or less than 50 million euros, or an annual balance sheet total equal to or less than 43 million euros.

– Self-employed individuals who can prove an economic activity.

– Certain foundations and associations that carry out economic activity, when at least 25% of their capital is held by public entities

WHAT ACTIVITIES ARE COVERED?

1) TRADEMARKS AND DESIGNS

In the EU: Reimbursement of up to 75% of EU trademark and design fees (including application, class, examination, registration, publication, and deferral of publication fees) with a voucher of up to €700 per beneficiary.

International scope (WIPO): Reimbursement of up to 50% of the application and designation fees for trademarks, designs, or models outside the EU, with a voucher of up to €700 per beneficiary. This includes designation fees originating from EU countries and the EUIPO. Processing fees charged by the office of origin are excluded.

2) PATENTS

National applications: Reimbursement of 75% of the fees (up to €1,000 per beneficiary) for patents filed with the Intellectual Property Offices (IPOs) of member states. National patent applications filed as a first application or with a priority claim are eligible. Applications filed under the Patent Cooperation Treaty (PCT) are excluded.

European: Refund of 75% of the filing and search fees (up to €1,000) for European patent applications filed as a first application or with a priority claim, including those filed under the PCT.

Legal costs: Reimbursement of 50% of the costs of drafting and filing a European patent application, up to a maximum of €1,500 per beneficiary, provided that the services are provided by an authorized representative before the European Patent Office (EPO).

It is not possible to request bonds for national patents and European patents in the same application, but it is possible in separate applications.

3) PLANT VARIETIES: Reimbursement of 75% of the official fees corresponding to the Community protection of plant varieties before the Community Plant Variety Office (CPVO), with a maximum limit of €1,500 per beneficiary.

WHAT ARE THE APPLICATION DEADLINES AND HOW DOES THE AID WORK?

 1. Application and evaluation period

The bond application must be submitted before 4 December 2026. Applications are assessed weekly, and the EUIPO notifies applicants of the grant or refusal of the bond within approximately ten working days, starting from the Friday of the week in which the application was submitted.

2. Activation and use of the bonus

Once granted, the voucher must be activated within one month, with the possibility of an additional one-month extension. After activation, the voucher can be applied to the corresponding eligible activities within a maximum period of six months.

DO YOU NEED HELP?

At Marqués & Ferrer we can support you in reviewing requirements, estimating reimbursement, correctly submitting the application, processing industrial property assets and justifying expenses.

Don’t hesitate, contact us and we’ll advise you!

NEW DEVELOPMENTS IN THE FILING OF DRAWINGS IN EUROPEAN PATENT APPLICATIONS

A new measure adopted by the European Patent Office (EPO) will enter into force on 1 October 2025, pursuant to the Decision of the President of the EPO of 25 July 2025 (OJ EPO 2025, A49). This decision introduces an important novelty: the possibility of including colour or greyscale drawings in European patent applications, provided that they are filed electronically.

Until now, drawings included in European applications had to be submitted only in black and white. With this change, the options for visually representing inventions are expanded, which can be especially useful in industries where the use of color facilitates technical understanding or improves the clarity of schematics.

In the national context, this modification will also affect the procedure for validating European patents in Spain. The Spanish Patent and Trademark Office (SPTO) will require that, in cases where the drawings have been granted and published in colour or greyscale by the EPO, the same format be maintained in the validation process in our country.

From a practical perspective, this development represents a step towards greater coherence between the requirements of the EPO and the SPTO, reducing unnecessary procedures and offering applicants greater room for manoeuvre. It is also a measure that is part of the continuous process of modernisation and digitalisation of the European industrial property system.

At Marqués&Ferrer, we have a solid track record in providing comprehensive advice on industrial property, both in the field of patents and trademarks. Our team of professionals is ready to guide you in all aspects of registering and protecting your assets, from drafting and filing applications to defending your rights in the market. Shall we begin?

HALLUCINATIONS IN ARTIFICIAL INTELLIGENCE: A GROWING LEGAL RISK

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.

  1. 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.

  1. 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. 

  1. 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.

The Dragon of Brilliant Ideas

In the heart of a bustling Barcelona, where buildings stood like towers of ingenuity and innovation flourished on every corner, the magical Diada de Sant Jordi was celebrated once again. The streets were dyed red with thousands of roses, and the bookstores were overflowing with stories waiting to be discovered.

On this special day, a young entrepreneur, known for his restless mind and revolutionary ideas, was walking through the center. He brought with him a pink sister for his beloved friend, a brilliant industrial designer whose talent gave shape to dreams.

She had found a very special book for him. It was not a novel of chivalry, but a compendium of the most fascinating inventions in history. She knew that he would be as inspired as she was by the beauty of innovative design.

While he was looking for her, he came across a peculiar scene. A small robot of vibrant green accompanied by a dragon with friendly bulging eyes, which seemed to guard something precious. As he approached, he saw that he was sitting on a beautiful book next to the wrapping of a rose of deep red velvet.

“What a curious couple!” he thought, remembering the legend of Saint George and the fearsome dragon. Smile when you see the label attached to the robot: “Marqués & Ferrer“.

At that moment, she appeared, radiant as always. Seeing the rose in his hands, his eyes sparkled. He handed her the flower with a smile.

—Happy Saint George.—.

She gratefully took the rose and offered him the book, saying, “I hope this book will ignite your imagination even more.”

As they walked together, he answered her about the peculiar robot he had found. “He looked like the keeper of the rose, didn’t he?” It reminded me of the importance of protecting our inventions and creations, because they are valuable treasures.

She nodded. Just as Saint George protected the princess, Marqués & Ferrer helps protect the creations of minds like yours and mine. A patent is like that spear that defends an invention, and a trademark, like the shield that distinguishes it.

The afternoon progressed amid the festive bustle. In each rose and in each book beat a story of courage, creativity and protection. And in this little robot with its green dragon, they found a fun reminder of the work of Marqués & Ferrer in defending the ideas that shape the future.

OEPM Grants 2025: How to Recover Part of the Cost of Your Patents and Utility Models

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.

The EUIPO is picking up the tab (Well, kind of)!

Hello, entrepreneurs! Did you know that the EUIPO has launched a new call for the SME Fund for 2025? A golden opportunity for SMEs that want to protect their IP assets!

One of the remarkable features of the SME Fund is its focus on providing financial assistance to SMEs, enabling them to access IP services at a reduced cost. Additionally, the program focuses on fostering innovation and business growth in Europe through IP protection and promoting fair competition in the market.

This program, which is part of the Ideas Powered for Business initiative, offers grants to cover the costs of intellectual property protection. Lower costs, more peace of mind for your business!

And what does it cover exactly? A lot of things!

Trademarks and designs:

  • In the EU: You can receive a refund of up to 75% of the fees for trademarks, designs, and models in the EU (including application fees, class fees, examination, registration, publication, and postponement of publication) with a bonus of up to €700 per beneficiary.
  • Outside the EU: Yes, also! If managed by the World Intellectual Property Organization (WIPO), you can receive a 50% refund on application and designation fees for trademarks, designs, or models outside the EU. This includes designation fees originating from EU countries and EUIPO, although handling fees charged by the office of origin are excluded.

Patents:

  • National: Refund of 75% of the fees (up to €1,000 per beneficiary) for patents filed with the IP offices of member states. National patent applications filed as the first application or with priority claim are eligible. Applications filed under the Patent Cooperation Treaty (PCT) are excluded.
  • European: There is also support! Refund of 75% of the filing and search fees (up to €1,000) for European patent applications filed as the first application or with priority claim, including those filed under the PCT. Even 50% of the legal costs for drafting and filing, up to a maximum of €1,500 per beneficiary, as long as the service is provided by a professional authorized to act before the EPO. Note: Vouchers for national and European patents cannot be requested in the same application, but they can be requested in separate applications.

Plant Varieties:

  • If you have a unique plant variety, there’s also a 75% refund of the fees for the Community Plant Variety Office (CPVO), up to a maximum of €1,500 per beneficiary!

Who can benefit? SMEs from the 27 EU member states or Ukraine, with fewer than 250 employees and an annual turnover of less than €50 million! Even freelancers and foundations can apply!

How does it work? It’s very simple!

  1. Apply for the voucher before December 5, 2025. Applications will be evaluated weekly, and results will be notified within 10 working days from the Friday of the week in which the application is made.
  2. Activate it within one month (extendable by another month) and apply it to a procedure within six months.

And if you need help with the application, activation, or use of the voucher, at Marqués & Ferrer, we will be happy to guide you through the process! Don’t miss this opportunity! Shall we begin?

The Curious Case of Nestea and Fuze Tea: When Industrial Property Changes the Flavor of an Iconic Brand

Imagine walking into a supermarket, looking for your favorite refreshing iced tea, and finding that although the bottle still says Nestea, the flavor is no longer exactly the same. Even worse: if you want the original taste, you have to buy a product called Fuze Tea. This is not a case of misleading marketing or a distribution error—it is a strange consequence of industrial property.

This curious commercial tangle began in 2017, when the alliance between Nestlé and The Coca-Cola Company came to an end. For decades, both companies had shared the exploitation of the Nestea brand, one of the most recognized in the ready-to-drink tea segment. However, after their separation, they encountered a typical dilemma in the world of industrial property: Nestlé owned the Nestea brand, but Coca-Cola owned the original formula of the beverage.

The result was that each company took different paths: Coca-Cola launched Fuze Tea, using the original Nestea formula (with some adaptations), while Nestlé reformulated its own Nestea to continue selling it without infringing on its former partner’s industrial property rights. As a result, consumers found themselves in a paradoxical situation: the Nestea they had always known was now called Fuze Tea, and the Nestea they could buy today no longer tasted the same.

Public reaction was varied. Many consumers felt that Fuze Tea was the true successor to Nestea in terms of flavor, although the name change caused confusion. Others stuck with the new version of Nestea, albeit with the feeling that “something had changed.” This situation also highlights a fascinating aspect of industrial property: sometimes, a brand and a product are not the same thing, and they can be separated with unexpected effects on consumers.

Ultimately, this case demonstrates how intellectual property rights and corporate strategies can transform what seems unchangeable. Now, the choice is in the hands of the consumer: Do you prefer the name you’ve always known or the taste you’ve always loved?

At Marqués & Ferrer, we have extensive experience in managing and advising on trademark registrations. Our team of professionals is ready to guide you in the proper selection of classes to maximize your brand’s protection in the market.

For more information, do not hesitate to contact us. Shall we begin?

The Digitalization of Trademark and Patent Procedures: Advancement or Vulnerability?

The strong commitment of public administrations to the digitalization and simplification of procedures before trademark and patent offices, such as the Spanish Patent and Trademark Office (OEPM), has marked a milestone in accessibility and cost-efficiency for users. However, this modernization, although undeniably advantageous, has brought with it a significant downside: users are exposed to sophisticated scams and cybercrimes.

Since the implementation of digital platforms that allow for autonomous management of applications, administrative processes have been significantly streamlined, eliminating economic barriers and reducing waiting times. According to recent data from the OEPM, in 2023, 70% of trademark applications were made through its online platform, representing a 25% increase compared to 2019. This trend is mirrored in other international offices, such as the European Patent Office (EPO), where more than 85% of applications are now processed digitally.

Although these advances have democratized access to industrial property records, especially benefiting entrepreneurs and small businesses, they have also increased exposure to cybersecurity risks. In the past year, more than 1,500 documented fraud attempts related to trademarks and patents were recorded in Europe, according to the International Association for the Protection of Intellectual Property (AIPPI).

Cybercrime Reinvented

In this new environment, fraudsters have taken advantage of the easy access to public data and the lack of technical knowledge among applicants to launch targeted attacks. Using artificial intelligence, these networks are capable of generating fraudulent emails that simulate official communications.

According to the EU cybersecurity report for 2024, 57% of digital scams in the field of industrial property involve fraudulent emails aimed at recent trademark holders. These emails often include falsified titles of ownership or illegitimate payment requests, and they are distributed massively within minutes, with a level of personalization that makes them difficult to detect.

Moreover, artificial intelligence has enabled cybercriminals to automate the collection and analysis of sensitive data from public trademark and patent databases. In 2024, it is estimated that more than 30% of cyberattacks targeting users of the industrial property system used AI tools to design more effective attacks.

The Price of Accessibility?

One of the main concerns lies in the anonymous access to public information and, in many cases, the removal of the intervention of official industrial property agents. These qualified professionals, whose role is to protect the interests of the applicant, have been partially displaced by self-management promoted by the administration.

Statistics show that applicants without professional representation are the most affected. According to a study by AIPPI, 75% of fraud victims in the field of trademarks and patents acted without professional advice.

This figure underscores the importance of distinguishing between qualified official agents and unaccredited representatives, whose experience and abilities may not be sufficient to prevent such attacks.

A Necessary Balance

While the simplification of digital procedures has been a significant achievement, the increase in cybersecurity threats highlights the need to strengthen protection and advisory systems for users.

The intervention of official industrial property agents not only ensures correct administrative management but also acts as a key barrier against such fraud.

Trust in digital platforms must be accompanied by education and awareness about the associated risks. Furthermore, it is imperative that administrations adopt stricter measures to limit indiscriminate access to sensitive data and promote the use of accredited professional services.

In a landscape where scams are becoming increasingly bold and difficult to detect, the balance between accessibility and security will be crucial to protect the interests of holders and maintain trust in the system. Digitalization must continue to be an advancement, but not at the expense of the security of those who rely on it.

At Marqués & Ferrer, we have extensive experience in managing and advising on trademark registrations. Our team of professionals is ready to guide you in the proper selection of classes to maximize your brand’s protection in the market.

For more information, do not hesitate to contact us. Shall we begin?

The Hague Union Assembly Suspends the Hague Act (1960): Modernizing the International System

On November 22, 2024, the Hague Union Assembly announced a major change: starting January 1, 2025, the Hague System for the International Registration of Industrial Designs will bid farewell to the Hague Act (1960) and focus exclusively on the Geneva Act (1999). This is great news for modernizing and simplifying the system!

What Does This Change Mean?

Step into the Geneva Act:
From next year, all new applications and designations must comply with the Geneva Act rules. But don’t worry, if you already have designations under the 1960 Act, you can still renew and modify them without any issues.

Why this change?
The goal is clear: to make the system simpler and more accessible for everyone, while also expanding its reach. Thanks to this transition, more countries that are part of the Geneva Act will be included, providing broader international coverage.

Key Updates to Consider

Changes in the rules:
On the same day, new rules will also come into effect, such as the update to Instruction 403. Now, if you decide to make a graphic disclaimer, you must clearly explain it in the design description. This helps ensure greater transparency and clarity.

Less is more:
With the suspension of the London Act (1934) in 2010 and now the Hague Act (1960), the system is focusing on more modern and practical rules. A step forward to keep up with the times!

What Does It Mean for You?

If you are a designer or rights holder, this transition is an opportunity to take advantage of a simpler, more modern, and efficient system. With more countries involved and clearer rules, protecting your designs internationally has never been this accessible.

Final Thoughts

In summary, the transition to the Geneva Act marks a new chapter for the Hague System. It’s a change designed to meet current demands and make life easier for those looking to protect their creations in an increasingly globalized world. Get ready for this new scenario and make sure to stay updated with the new provisions!

The future of registering industrial designs is here, and it promises to be clearer, faster, and more global than ever!

At Marqués & Ferrer, we have extensive experience in managing and advising on trademark registration. Our team of professionals is ready to guide you in selecting the right classes to maximize your brand’s protection in the market.

If you want more information, don’t hesitate to contact us. Shall we begin?

Intellectual property and related words
Intellectual property and related words

The Importance of Registering Trademarks to Combat Counterfeiting

Counterfeiting poses an increasing threat to businesses, consumers, and national economies. Combating this unfair practice is not just about protecting intellectual property rights; it is also about ensuring sustainable economic development, fostering innovation, and protecting consumers. In this context, registering trademarks is an essential tool for businesses.

Registering a Trademark

Registering a trademark is the first step in protecting intellectual property rights. This registration provides businesses with a legal foundation to act against counterfeiting and ensures that their intangible assets are safeguarded against unauthorized use. Legally protecting a trademark means securing exclusive rights to use it in specific sectors. It also reduces the risk of legal disputes and strengthens consumer trust in companies that invest in protecting their identity.

The Economic Impact of Counterfeiting

The economic damage caused by counterfeiting is alarming. Businesses, governments, and local economies suffer significant losses: companies lose revenue, and their reputation may be harmed, especially small and medium-sized enterprises; governments miss out on tax revenues that could be allocated to essential services; and local economies experience stalled development and a disincentive to invest. Moreover, consumers are not immune to the negative impact, as counterfeit products in sectors like healthcare, automotive, or technology can endanger their safety and erode trust in brands.

Innovation at Risk

Intellectual property is a key driver of innovation. Companies that invest in research and development depend on effective protection to continue creating. Without adequate mechanisms, the incentive to innovate is drastically reduced, affecting the entire business ecosystem. Registering trademarks and intangible assets is an indispensable step to having legal tools against counterfeiting. Additionally, informing and educating companies about the importance of protecting their trademarks and consumers about the risks of purchasing counterfeit products are fundamental actions. Global collaboration and the use of technology, such as blockchain or digital tracking tools, are also key in this fight.

A Collective Commitment

Fighting counterfeiting is not just a legal issue. It is a collective effort that strengthens the economy, drives innovation, and protects consumers. Registering trademarks not only ensures business growth but also guarantees a fairer marketplace. As official intellectual property agents, we work to guide and protect businesses in this challenge, helping them consolidate their rights and defend their interests. With everyone’s commitment, we can build a more ethical and sustainable future.

At Marqués & Ferrer, we have extensive experience in managing and advising on trademark registration. Our team of professionals is ready to guide you in selecting the appropriate classes to maximize the protection of your brand in the market.

If you would like more information, do not hesitate to contact us. Shall we get started?