EUIPO SME Fund

The EUIPO’s SME Fund for 2025 is currently open. This fund provides vouchers to reimburse eligible SMEs based in the EU for certain intellectual property registrations rights, such as trade mark applications. Given the swift take up of the SME Fund this year, SMEs interested in seeking trade mark or design protection in 2025 should look into applying as soon as possible.

The EUIPO SME Fund for 2025 is now open. SMEs should act quickly if they wish to apply for the relevant voucher for trade marks or designs.

Importance of trade mark protection

The importance of trade mark protection for food and beverage producers cannot be overstated. Trade mark protection applies not only to the name of the business or product, but also to logos, taglines, packaging and labelling.

Recent cases have drawn particular attention to this issue. For example, the recent Thatchers Cider v Aldi case , highlighted the importance of protecting labels as trade marks.

For small and medium sized food, agribusiness and beverage companies, budgets can be very tight. Sometimes important protection, such as trade marks can be overlooked, as other expenses are prioritised. Trade marks are particularly important to multi brand businesses such as those in the food and beverage sector. They add value, provide brand protection, allow for easier enforcement against infringement, are assignable and can be licensed, providing valuable revenue streams.

Given trade marks’ importance, the good news is some financial assistance is available for seeking protection. For Irish and other companies in the EU, the EUIPO operates the SME Fund, which assists with trade mark filing fees. We generally recommend that EU based SME clients apply for the SME Fund, where eligible.

SME Fund 2025

The EUIPO SME Fund for 2025 opened on 3 February 2025 and is currently set to run until 5 December 2025. However, as it operates on a first come, first served basis, the Fund tends to run out early. At the time of writing, the vouchers for Patents and Community Plant Varieties are already unavailable due to the high number of requests received.

For trade marks and designs, the EUIPO SME Fund provides a voucher to obtain a reimbursement on official trade mark filing fees (eg EUIPO fees) – 75% of the official fees up to a maximum of €700.

Once granted, an SME Fund voucher for trade marks and designs can used towards filing fees for an EU trade mark, national trade mark in the EU, such as an Irish trade mark, or an international trade mark through WIPO. It can also be used to file EU and EU national registered design applications.

Tips when applying for trade marks and designs with the SME Fund

An SME must come within the official EU definition of a small or medium sized enterprise to be eligible for the EUIPO SME Fund. The SME also needs to have a VAT or TIN certificate issued by the relevant competent national authority.

If SMEs wish to avail of the SME Fund for trade marks or designs, they need to ensure that they are approved for a voucher from the SME Fund before filing the relevant trade mark or design. The SME Fund will not apply to trade marks filed prior to applying for the SME Fund.

It will also only apply to one type of right per year. For example, if an SME applies for the SME Fund trade mark voucher, it can only be used for one trade mark application in 2025.

For trade mark and design applications, an SME will have one month from the date that the voucher is granted, to activate the relevant voucher. This can be extended by one month. If a voucher expires, it is not possible to apply again for the same voucher this year.

Therefore, it is important to be ready to file the trade mark or design as soon as possible after the grant has been approved. When a client is applying for the SME Fund, we generally draft the trade mark application in the meantime, so that the application is ready to be filed as soon as the client obtains approval from the SME Fund.

Once activated, the SME has six months to request subsequent reimbursement for the eligible fees incurred during the registration. However, we advise clients to apply for reimbursement as soon as we have filed the trade mark and confirmed the filing to our client.

The other SME Fund voucher extensively used by our SME clients, particularly in the food and beverage space, is the IP Scan voucher. This voucher provides clients with an IP pre-diagnostic scan, which allows clients to obtain an assessment of their IP to determine the most appropriate IP strategy for the business. We have worked with clients on their IP Scans, which can provide invaluable assistance in setting IP strategy.

Further information on the EUIPO SME Fund is available online.

Conclusion

The EUIPO SME Fund vouchers have been in high demand so far in 2025. Due to the high uptake, we recommend that clients apply for the relevant voucher as soon as possible. Early application is particularly important for those planning to file a trade mark or design in the EU soon or seeking an IP Scan.

For more information and expert advice, please contact a member of our Intellectual Property team.

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The content of this article is provided for information purposes only and does not constitute legal or other advice.