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?

 

The Priority of a Patent: A Key to Protecting Your Rights Globally

In the world of industrial property, the priority of a patent is one of the most important concepts every holder or applicant should understand. This right, regulated by the Paris Convention, provides a strategic advantage for those who wish to protect their invention in multiple countries. But what exactly does it mean, and why is it so crucial?

What is patent priority?

When you file a patent application in one country, that application generates a priority right for a period of 12 months. This right allows you to file the same invention in other countries and claim the filing date of your first application as the reference point.

For instance, if you register your patent in Spain on January 1, 2025, you have until January 1, 2026, to extend that application to other countries. During this period, no similar application filed by third parties in those countries can affect your invention, as long as you respect the deadlines and requirements.

Why is priority so important?

Priority is not just a technical detail; it is a strategic tool that can make a difference in a globally competitive environment:

  1. Coordinated international protection: It is not necessary to file applications in all countries simultaneously. Priority allows you to plan where and how to protect your invention, without fearing the loss of rights.
  2. Advantage over competitors: Securing the date of your first application ensures that you are recognized as the first to register that invention, even if a competitor attempts to do so in another country within the same year.
  3. Time to evaluate the market: The 12-month priority period is valuable for analyzing the commercial viability of your invention, seeking strategic partners or funding, and deciding in which countries it is worth seeking protection.
  4. Legal certainty: The priority date is a clear and internationally recognized reference point to demonstrate the originality and novelty of your invention.

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 trademark in the market.

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

What is trademark classification?

Trademark classification is a system that organizes products and services into specific categories, simplifying and standardizing the trademark registration process at both national and international levels. This system allows trademark owners to protect their marks in connection with specific commercial activities, avoiding conflicts with other trademarks in unrelated sectors.

The most widely used system is the Nice Classification, established by the Nice Agreement in 1957. This system divides products and services into 45 classes: the first 34 are for products, and the remaining 11 are for services.

Selecting the correct class or classes when registering a trademark is crucial, as it defines the scope of its legal protection. Therefore, it is essential to carefully analyze the categories that best represent the products or services associated with the trademark.

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 your trademark’s protection in the market. If you need more information, do not hesitate to contact us. Shall we begin?

Legal Protection of Avatars Generated by Artificial Intelligence

An Analysis from Industrial and Intellectual Property

Artificial intelligence (AI) has revolutionized multiple aspects of our daily lives and has opened up new possibilities in the world of digital creation. One of these manifestations is AI-generated avatars, used in sectors such as entertainment, e-commerce and interactive platforms. However, the increasing commercial use of these avatars raises important legal questions: How can an AI-generated avatar be protected from an industrial and intellectual property point of view? This article aims to analyse the current legal channels for the protection of avatars in Spain, both from the perspective of industrial property and intellectual property, and to reflect on the legal controversies posed by authorship in AI-generated works.

Avatars and Industrial Property

In the field of industrial property, avatars generated by AI can receive protection through their registration as  industrial designs or trademarks. The Law on the Legal Protection of Industrial Design in Spain allows avatars to be registered based on their aesthetic characteristics, such as shape, lines and colours. This avenue of protection is especially useful if the avatar is intended to be commercially exploited, either as part of an interactive product or as a standalone design.

On the other hand, the Trademark Law offers the possibility of registering avatars as trademarks, as long as they meet the requirements of differentiity. An avatar that acts as a distinctive sign in the market, for example, a logo or corporate image, can be registered as a figurative or three-dimensional trademark. Companies like Meta have already taken this approach, registering their three-dimensional avatars as trademarks, which reinforces their commercial identity and gives them legal protection from third parties who could copy or imitate their creations.

The complementarity of these two legal figures, industrial design and trademark is essential to achieve comprehensive protection of avatars. The registration of an avatar as an industrial design protects its aesthetic characteristics, while its registration as a trademark protects it in its use as a distinctive sign in the market. In this way, businesses can safeguard both the aesthetics and business functionality of the avatar.

Avatars and Intellectual Property

Beyond industrial property, the Intellectual Property Law also offers protection to avatars, and is considered as original works of art. This law covers the visual creation of avatars, as long as they are the result of human creativity. This means that graphic elements, aesthetic features, and even scripts that define an avatar’s behavior can be protected as literary or dramatic works.

The software that allows avatars to interact with users is also protected by intellectual property. The source code and algorithms that determine the avatar’s actions and responses can be registered as software works, granting the creator exclusive rights to exploit them.

However, there are limitations regarding the protectable elements of an avatar. While its pre-programmed design and behavior may be protected, an avatar’s personality or “unique” behavior is not subject to legal protection, as copyright only covers the concrete expression of an idea, not the abstract or conceptual idea itself.

The Question of Authorship in AI-Generated Avatars

One of the biggest challenges facing the current legal framework is the issue of authorship when avatars are generated by AI. According to the Spanish Intellectual Property Law, copyright can only belong to natural persons (and legal entities, in the cases expressly provided for in the Law), which creates a legal vacuum when a work is created autonomously by an AI without direct human intervention.

In cases where a person controls or directs the creative process of an AI-generated avatar, that person or entity is considered the copyright holder. However, when AI acts autonomously, without significant human intervention, the law does not offer clear protection. This legislative vacuum is the subject of debate in international forums, such as the World Intellectual Property Organization (WIPO) and the European Union Intellectual Property Office (EUIPO). These institutions are studying the possibility of creating a sui generis right  that allows AI-generated works to be protected without significant human intervention.

This issue is becoming increasingly relevant as AI-generated avatars gain prominence in various sectors. While some countries, such as the United States, have so far rejected the possibility of granting copyright to AI-generated works, arguing that only humans can be considered authors, the debate remains open and legislative progress is likely to occur in the coming years.

Conclusion

The protection of avatars generated by artificial intelligence is a field in full evolution. While industrial property offers clear ways to protect its aesthetic and commercial characteristics through registration as industrial designs and trademarks, intellectual property faces more complex challenges, especially when it comes to authoring works created by AI without direct human intervention.

Companies that use AI-generated avatars must be proactive in protecting their digital assets, registering both trademarks and industrial designs to ensure robust legal coverage. However, the current legal framework still needs to adapt to new technological realities, particularly about works generated by AI autonomously. As AI continues to advance, intellectual property laws will need to be reformed to address the challenges posed by authorship in the digital age.

At Marques & Ferrer we accompany and advise you throughout the registration process, so that you only have to worry about ensuring the continued success of your company. Start?

© Marqués&Ferrer 2024