As from today 02 February 2026 EU-based and Ukraine-based small and medium-sized enterprises (SMEs), as well as self-employed professionals, may apply for grants for protection of their IP rights. The SME Fund finances up to 75% of the official fees for protection of the SME’s marks and designs at national, EU and international level. Vouchers may be received also for other activities such as IP Scan and IP Scan Enforcement, as well as for financing the fees and costs for patents and new plant varieties.

The application process is very simplified. The non-repayable financial aid may be used for reimbursement of the following fees:

– 75% of the official fees for application and registration of national marks and designs or EU marks and designs.

– 50% of the official fees for application and registration of international marks and designs in non-EU countries.

The maximum amount of the voucher for trademark and design fees is EUR 700 per applicant. 

After applying and receiving the approval for funding, the relevant activity should be undertaken, i.e. one or more applications for mark or design shall be prepared and filed within 1 month. The fees for the applications shall be paid by the SME, and the fund subsequently reimburses the relevant percentage of the amounts thus paid. The fund will examine financing applications every Friday and the term for notifying an approval is short – up to 10 working days as from review of the application.

If you would like to protect your marks and designs at significantly reduced costs, do not hesitate to contact us.

Link to the official SME Fund website: https://www.euipo.europa.eu/en/sme-corner/sme-fund/2026

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The application process is very simplified. The non-repayable financial aid may be used for reimbursement of the following fees:
– 75% of the official fees for application and registration of national marks and designs or EU marks and designs.
– 50% of the official fees for application and registration of marks and designs in non-EU countries.
The maximum amount of the voucher for trademark and design fees is EUR 700 per SME.
After applying and receiving the approval for funding, the relevant activity should be undertaken, i.e. one or more applications for mark or design shall be prepared and filed within 1 month. The fees for the applications shall be paid by the SME, and the fund subsequently reimburses the relevant percentage of the amounts thus paid.

If you would like to protect your marks and designs at significantly reduced costs, do not hesitate to contact us.

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A common mistake made equally by individuals, SMEs and even larger corporations is to conclude that any work (video, photo, presentation, etc.) published on the internet becomes free to use by anyone. This assumption is wrong and dangerous. The author of a work has the exclusive right to decide whether, how and when to publish the work – the publication however does not mean an authorization for anyone to use the work. Despite publication, the author retains full copyright meaning that the work or parts of it may be legally used only with the author’s permission (with a carveout for exceptions and limitations to copyright which are subject to strict statutory conditions and are applied restrictively).

Myth Number Two: I do not need to register a mark, my company or business name is unique

Company or business names and registered marks are very different concepts. Normally commercial registers verify and make sure that a company name is unique on the relevant national or regional territory. These names are used to identify the legal entity (company) itself and not the goods and services it markets. Trademarks, on the contrary, are used to indicate the commercial origin of goods and services and a company may own several marks for its different product lines. Consumers are usually confronted with marks, they link the qualities of the goods and services to the marks (and therefore marks are the device which accumulates reputation for the respective product). Therefore, it is crucial to protect the company’s marks by registration in the territories where it markets its goods and services.

Myth Number Three: I have a business model and I want to register it so that nobody can use it

Often businesses develop an idea or a business model, e.g. a new service offered via online platform, and aim to gain exclusivity over such idea or business model. This is an extremely hard task which can hardly be achieved through registration of IP. Ideas on their own are not patentable. Also, under the European Patent Convention, schemes, rules and methods for doing business are not regarded as inventions and are not patentable. In these scenarios it is important to refer to other possibles ways of protection such as trade secrets, combined with other IP rights that could enhance the position and reputation of the business over time (trademarks, designs, etc.).

Myth Number Four: I can protect my patent, trademark or design worldwide

There is no such thing as a worldwide trademark, design or patent. These are all registered IP rights meaning that they are protected in the territory of the country (or regional organisation such as the EU) where the IP rights holder has applied to protect its rights and has received registration. This is why it is critical for businesses to identify the markets where they have present or potential commercial interests so that a sound IP protection strategy can be put in place accordingly.

Myth Number Five: You have to register your copyright to protect it

Although this common misunderstanding tends to disappear, we still receive request for registering works which are subject to copyright in order to protect them. It is important to know that copyright arises automatically from the moment of creation of the work and its fixation into a certain tangible form. The questions of proving copyright, the moment of creation and authorship are another issue. Despite that copyright protection is automatic, steps may be taken to collect enough evidence in advance on the work(s) created, the time of creation and the authorship. Such steps shall be consulted with an IP professional depending on the concrete work at hand and the specific circumstances.

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SMEs may apply until 6 December 2024 to receive grants financing up to 75% of the official fees for protection of their marks and designs at national, EU and international level.

The application process is as easy as possible. The non-repayable financial aid may be used for reimbursement of the following fees:

– 75% of the official fees for application and registration of national marks and designs or EU marks and designs.

– 50% of the official fees for application and registration of marks and designs in non-EU countries.

After applying and receiving the approval for funding, the relevant activity should be undertaken, i.e. one or more applications for mark or design shall be prepared and filed. The fees for the applications shall be paid by the SME, and the fund subsequently reimburses the relevant percentage of the amounts thus paid.

If you would like to protect your marks and designs at significantly reduced costs, do not hesitate to contact us: office@iplegal.bg or hristo@iplegal.bg 

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• trade mark and design protection within the European Union (national, regional, EU level) for 75% of the official/state fees up to a maximum of EUR 1,000

• patent protection or related activities within the European Union (national patents and European patents) for 75% of the official/state fees up to a maximum of EUR 1,500

• plant variety protection at European level for 50% of the official/state fees to a maximum of EUR 225

More information about the grant scheme and online application forms can be found here:

https://euipo.europa.eu/ohimportal/bg/online-services/sme-fund

If you are a Ukrainian business and would like to protect your marks and designs at significantly reduced costs, do not hesitate to contact us.

The post The SME Fund now available also for funding IP rights protection of Ukrainian-based companies appeared first on IP Legal.

Amongst many issued discussed, the main topic was the ongoing reform of the GIs system in the EU. In April last year, the European Commission adopted a proposal for a Regulation on GIs for craft and industrial products to extend EU-wide protection to products such as Murano glass, Porcelaine de Limoges, Solingen cutlery, etc. The Regulation is currently being discussed between the EU Commission, Parliament and Council which are expected to reach a consensus in the months to follow. Another important topic was the new Regulation on GIs for wine, spirit drinks and agricultural products, and quality schemes for agricultural products, which is envisaged to repeal the current Regulation (EU) No 1151/2012. The EU level of registration of such GIs is now established as an exclusive regime for all EU Member States. The new regulation for wine, spirit drinks and agricultural products will most likely attribute more powers to the EUIPO in the process of registration and maintenance of GIs at the EU level.

Happy World Intellectual Property Day!

The post Conference on Geographical Indications: where is the EU heading to? appeared first on IP Legal.

The application process is as easy as possible. All that is required is for the applicant to be an SME, and to fill in an online form by attaching only two documents in PDF format: a bank statement indicating the bank account of the SME and a VAT registration certificate.

The financial aid may be used for reimbursement of the following fees:

– 75% of the official fees for application and registration of national marks and designs or EU marks and designs.

– 50% of the official fees for application and registration of marks and designs in non-EU countries.

The aid is granted in the same amount for all applicants – up to EUR 1,500. This amount can be used for one or more marks or designs up to the cumulative maximum of EUR 1,500.

Approval is received within 20 working days after application. Only after receiving the approval for funding, the relevant activity should be undertaken, i.e. one or more applications for mark or design shall be prepared and filed. The fees for the applications shall be paid by the SME, and the fund subsequently reimburses the relevant percentage of the amounts thus paid.

Once the fees for the mark or design have been paid, in order to reimburse the relevant percentage, the SME must explicitly request this. The application for reimbursement is submitted online through the same account created by the SME when applying for the aid.

More information about the grant scheme and online application forms can be found here:

https://euipo.europa.eu/ohimportal/bg/online-services/sme-fund

If you would like to protect your marks and designs at significantly reduced costs, do not hesitate to contact us.

The post Reminder: EU Fund provides grants for registration of marks and designs of SMEs. Apply now! appeared first on IP Legal.

Following UK’s leaving of the EU formalised earlier this year, as of 1st of January 2021 the UK will not longer be part of the EU harmonised trademark law and system. As the arrangements currently stand, the implications of Brexit on EU trademarks (EUTMs) will be briefly as described below.

Protection of existing EUTMs in the UK

Under the Withdrawal Agreement Act signed by the UK, on 1st of January 2021, the UK Intellectual Property Office (IPO) will create an equivalent UK trade mark for all owners having an existing EU trade mark.

Each of these UK national marks will be recorded on the UK trade mark register, will have equal status to a trademark registered under UK law and will keep the original EUTM filing date. The UK national marks thus created will be fully independent rights and may be invalidated, assigned, licensed or renewed separately from the original EUTM. Importantly, the creation of UK national marks on the basis of registered EUTMs will happen automatically (ex oficio) and no action should be filed, and/or fees should be paid by existing EUTM owners.

Pending EUTM applications

In contrast to existing EUTM owners, applicants with a pending EUTM application will not be automatically assigned a pending UK national application. EUTM applicants will be able to apply to register a comparable UK national mark in the 9 months after 1 January 2021, i.e. until 1 October 2021. If such application is filed, the earlier filing date of the pending EUTM will be kept. The application for a UK national mark will have to be for the same trade mark as the EUTM application and will have to cover the same goods and services as the EUTM application.

If such an application is filed, the UK IPO will treat the pending application as a UK national application and will examine and process the application under UK law. The usual UK fees of £170 (£200 for paper based application) will apply, which include one class of goods or services, plus an additional £50 for each class after the first.

New EUTMs filed after 1st of January 2021

New EUTM applications filed after 1st of January 2021 will not cover the UK. Naturally, in case that registration is successful, such EUTMs filed after 1 January 2021 will not be protected in the UK (being a third country after Brexit).

For further information and detail, please do not hesitate to contact us. 

The post EU trade marks after Brexit – what will happen? appeared first on IP Legal.

Instead of payment in two installments – at filing and upon registration – the new rules provide for one single payment of a lump-sum fee at filing. The lump-sum fee is BGN 520* for up to three classes of goods and services. Another BGN 30 is due for each additional class after the third. Additional BGN 50 is due for the issuance of a certificate upon successful registration. 

The change results in shifting of the payment of almost all fees to the stage of filing. This means that the entire lump-sum fee for filing may be lost in case that the trademark application is rejected on absolute or relative grounds. The proper preparation of a trademark application and the mitigation of opposition risks, therefore, become even more important for the applying businesses. At IP+Legal we provide comprehensive pre-application advice and we assist you by establishing a sound filing strategy.

*approximately EUR 266

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What is new?

New definition of mark

In compliance with the EU directive the new law modifies the legal definition of “mark” by suppressing the requirement for graphical representation of the sign. Instead, the law requires, in broader terms, the sign to be capable of being represented in a clear and precise manner. This change now opens the door, at statutory level, to the registration of many kinds of non-traditional marks such as multimedia marks, motion marks, sound marks, etc.

Shortened terms and one-time registration fee

The new law shortens the statutory terms in the registration procedure – both the ones applicable to the Patent Office of the Republic of Bulgaria, as well as the ones that have to be observed by applicants (the most important changes being in the deadlines for payment of the registration fee and for filing of proof of use). Instead of being divided in two installments – upon application and upon registration – the registration fee will now be payable as a single lump sum at filing. The registration fee’s amount, as well as the number of classes of goods and services covered thereby, are yet to be decided in a new Schedule of Fees to be issued in the first half of 2020.       

Extended rights of mark owners and broader liability provisions 

The new law, in line with the latest EU directive, extends considerably the rights of trademark owners. In additional to all other possibilities, the right owners may now:

• Prohibit the transit of infringing goods originating from third countries through the Bulgarian borders, irrespective of their final destination. Such transit constitutes now an administrative infringement subject to fine; and

• Prohibit preparatory acts, such as: (a) affixing a sign identical with, or similar to, the mark on packaging, labels, tags, security or authenticity features or devices, or any other means to which the mark may be affixed; and (b) offering or placing on the market, or stocking for those purposes, or importing or exporting, packaging, labels, tags, security or authenticity features or devices, or any other means to which the mark is affixed.

Another very substantial change, which should be welcomed by right holders, is the increase in the amounts of administrative fines for trademark infringements. The fines are imposed by the Patent Office of the Republic of Bulgaria ex officio or upon notification and are complementary to any other criminal and civil law remedies. In addition to such increased fines, the law also now provides that right holders may request the closing down of premises in which infringement activities are committed for up to 6 months. Even though there is room for further improvement, the broader liability provisions in the new law are a clear indication of the ever-increasing importance of industrial property rights and the investment therein.          

Company name as a relative ground for refusal or cancellation

The new law explicitly provides that a company or a sole trader may file an opposition or cancellation request on the basis of an earlier company name used in Bulgaria for identical or similar goods. The company name, for the purposes of such opposition or cancellation, does not include the legal form (limited liability company, joint-stock company, partnership, etc.).   

Intermediary Liability

A very crucial change with vast potential implications is the new right of mark and GI owners to file a separate court claim against intermediaries which provide goods or services used for committing trademark infringement. The question of Intermediary Liability has been long discussed in the EU and the US and is finally being introduced in Bulgarian law. The new claim may eventually affect a broad range of companies that operate online shops, marketplaces, multimedia platforms for user-uploaded content, etc. The claim against an intermediary is independent from the claim against the direct trademark infringer and generally requires that the intermediary is first informed of the infringement via voluntary take down notice.         

Conclusion and missed opportunities

Although the new law does not fundamentally change the legal framework, it still contains key improvements for right holders and business owners in general. Apart from accelerating the registration proceedings and broadening the infringers’ liability, the law also grants new rights to mark and GI owners that strengthen IP protection and further incentivize investments therein. However, the law could also be seen as a missed opportunity to introduce more modifications which are reasonable in IP+Legal’s view and were suggested by us in the course of the public discussion of the draft law[2]. For example, the new law still maintains the rule that copyright and bad faith, as grounds for opposition or cancellation of a mark, must be ultimately proven in court instead of being assessed by the Patent Office in the course of the opposition/cancellation proceedings. In our opinion, the Patent Office, as an executive body with streamlined and faster procedures, is in a better position to assess such grounds for opposition/cancellation then the busy Bulgarian courts (where proceedings are far more complicated and long-lasting). In addition, the law still provides for rather low maximum amount, which may be claimed in a case of trademark infringement with no data on the actual damages incurred. This maximum threshold was adopted 14 ago and remains unchanged to this day, despite the economic developments and inflation in the country since it joined the EU in 2007.   

[1] The opinion of attorney-at-law Hristo Raychev within the public discussion on the new draft law may be found here (only in Bulgarian language): http://www.strategy.bg/PublicConsultations/View.aspx?@lang=bg-BG&Id=4075

[2] The opinion of attorney-at-law Hristo Raychev within the public discussion on the new draft law may be found here (only in Bulgarian language): http://www.strategy.bg/PublicConsultations/View.aspx?@lang=bg-BG&Id=4075

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