IP grants from SME FUN

In 2021, as part of the ‘Ideas powered for bussines’ initiative, the European Union Intellectual Property Office (‘EUIPO’) launched its first funding programme for trademark and design applications for micro, small and medium-sized enterprises. Almost 13,000 companies benefited from the programme, which translated into a total of €6.8 million.

Criteria for the classification of micro, small and medium-sized enterprises:

At the beginning of 2022, the EUIPO again gave entrepreneurs the opportunity to apply for funding, increasing the budget to €47 million. This time, interest exceeded the Office’s expectations – the funds ran out about two months before the end of the action. In two years, 28,000 entrepreneurs benefited from the initiative.

As of 23 January 2023, the call for grant applications has started again. The rules are similar to those in force last year.

Applications can be submitted from 23 January to 15 December 2023 or until funds are exhausted. The order of applications is decisive, so it is not worth delaying!

Under the program, you can obtain a subsidy for:

Voucher 1 – trademark or industrial design application – 75% reimbursement of fees incurred (up to a maximum of EUR 1,000)

The voucher covers the registration of a trademark or industrial design at the national or EU level or under the international registration procedure (in the case of international registration, a maximum of 50% of the fees incurred are reimbursed)

Voucher 2 – invention registration – 50% reimbursement of fees incurred (maximum EUR 1,500)

Voucher 3 – application for Community plant variety protection – 50% reimbursement of fees incurred (maximum EUR 225)

Obtaining a positive decision does not oblige you to take any action. However, please note that in such a situation, the applicant loses the possibility of reapplying for a grant under the same program.

Once the decision has been issued, a so-called voucher will appear in your account. Within 2 months (4 months for plant variety protection)* of the decision, you must activate it, i.e.:

A. Submit an application for at least one of the covered rights and pay for it.

Before applying for a trade mark protection right, make sure that there is no identical or similar mark in the database of the Polish Patent Office and the EUIPO. The authority will not refuse registration on this basis, but the owner of the earlier mark may file an opposition to your application, and its acceptance by the Office will prevent your mark from being registered.

When filing a trade mark application, it is important to prepare an appropriate list of the goods and services for which the mark is intended to designate.

An application for the grant of an exclusive right to a trade mark at both the Polish Patent Office and the EUIPO can be filed electronically. The national and EU procedure is almost identical. The only difference is the issue of fees – in proceedings before the Polish Patent Office, the applicant first pays only the application fee (450 PLN for an application in one class + 120 PLN for each subsequent class) and the fee for the first period of protection only after the decision granting the right has been issued.

In contrast, in proceedings before the EUIPO, the fee for the application and the first period of protection (€850 for an application in one class, €50 for the second class and €150 for each additional class) is paid in one go, before the authority starts the examination of the application.

The right to register a design is obtained very quickly – even within a few days. The trade mark registration procedure is longer and usually takes several months. After the formal and substantive examination of the application, the Office publishes the application. The publication initiates a 3-month opposition period during which third parties may file an opposition to the application. The opposition may be based, inter alia, on an earlier registered identical or similar trade mark. If the opposition is upheld, the mark is refused registration.

In the absence of an opposition, after the expiry of the opposition period:

• In proceedings before the Patent Office of the Republic of Poland – a conditional decision to grant the right of protection will be issued, provided that the fee for the first period of protection is paid within the prescribed period.
• In proceedings before EUIPO – a decision to grant the right will be issued.

* If necessary, during the last 30 days of the original 2-month period, an extension of a further 2 months may be obtained.

B. Submit a request for a refund of fees.

The refund application must be submitted via the website https://euipo.europa.eu/sme-fund/pl. You will receive your reimbursement within a maximum of 30 days of submission, to the account of your company provided when submitting the grant application. The subsidy covers all official fees – application fee, first period of protection, publication, etc.

You will be reimbursed for your fees even if your registration is refused!

IMPLEMENTATION PERIOD

Within 6 months (12 months in the case of Voucher 2; Voucher 3 is fully implemented upon submission of the first application for reimbursement) from the date of submission of the first application for reimbursement of fees (i.e., activation of the voucher), you may submit applications for the granting of further rights, pay for them, and then apply for reimbursement, as well as submit applications for reimbursement of additional costs.

Author: Wiktoria Bednarska, trainee attorney