EU Community Design in the form of a picture or photograph

When submitting an EU Community Design, you can submit images in a variety of forms, which can be roughly divided into the following categories:

The design view is defined as showing the design from a specific direction (angle), including: perspective view, front view, top view, right view, left view, rear view and bottom view. When applying for a design, you only need to submit one appearance view. However, other non-traditional types of views, especially exploded views and sectional views, cannot be submitted separately. Even if a sample is used instead of a drawing of the design, the applicant must submit a graphic or photographic reproduction of the design at the latest 3 months before the expiration of the 30-month deferral period, or at the latest 3 months before the publication date.

A maximum of 7 views may be submitted: plan, elevation, cross-section, perspective or exploded view. Only one copy of each view needs to be submitted. If there are more than 7 views, EUIPO will not consider any additional views when registering and publishing, and EUIPO will process the views in the order in which the applicant has numbered the appearance drawings. If there are fewer than 7 views and they are not numbered, the examiner will number the views in the order given in the application. The examiner will not change the order or orientation of the views in the application.

When submitting these design images, please note the following points, which are also the perspective of the EUIPO examiner:

Consistency of views: The examiner will check whether the views relate to the same design, that is, whether they relate to the appearance of the same product or its parts. Combining multiple visual representation methods:

• It is recommended to use only one visual form to represent the design, such as uniform use of drawings or uniform use of photographs.
• When different visual forms are used, each must be clearly linked to the same design and must be consistent when comparing the features disclosed. If the different visual forms do not show the same aspects, they cannot be considered to represent the same design. When drawings and photographs are viewed together, it is common to find that the different visual forms are inconsistent in their representations. The same may also occur when the graphical representation shows features other than contour lines, such as surface features, which do not correspond to the corresponding features in the photographic representation. The EUIPO strongly recommends that applicants who wish to use different visual forms file each visual form as a separate design. These visual forms may also be combined into multiple applications. In the event of disagreement and multiple designs are involved, the applicant will be required to withdraw some of the designs or convert the application into multiple applications for different designs and pay the relevant fees for multiple designs.

Exploded view: An exploded view is a view showing the product components after disassembly, which is used to illustrate how the components fit together. The exploded view must be combined with at least one view showing the assembled product. In these views, all disassembled parts of the product must be shown in a single view. If there is no view showing the assembled product, the examiner will issue a notice of correction and ask the applicant to submit a view showing the assembled product for which protection is sought. The new design should not include features not included in the original design, and the original application date will be retained.

Magnified View: A magnified view shows a portion of the overall design at an enlarged scale. A single magnified view is acceptable if the magnified portion is already visible in other views submitted. Views showing magnified portions of the design must be submitted as separate, single views.

Partial view: A partial view is a view that shows a part of the product separately and can be enlarged. The partial view must be combined with at least one view of the assembled product (different parts need to be connected to each other). If all views disclose different detailed parts but do not show the connection between these parts, the examiner will issue a notice of correction and give the applicant three options:

• "Class unity" can be maintained, and the applicant can convert the application into multiple applications, each of which is a separate design, and pay the corresponding application fee for multiple designs;
• If "class unity" cannot be maintained, the applicant may convert the application into separate applications and pay the corresponding application fee for each single design;
• The applicant may withdraw views representing other designs and limit the application to one design.

Sectional drawings: EUIPO does not accept representations with technical indicators, such as axes or dimensions (specifications), numbers, etc. Sectional drawings should be clear views of the same design. When submitting a section drawing, it must be submitted together with other traditional views (such as the front view).

Snapshot sequence (animated design): A snapshot is a short sequence of views used to show a single animated design at different specific moments in a clear and understandable progressive manner. It can also be an animated GUI (interface design). All views of an animated icon or GUI must be visually related to each other, which means that they must have common features. It is the applicant's responsibility to sequence the views so that the movement/progression is clearly perceived.

Product series: A product series is a group of similar products. There is no mechanical connection between the items in a "series of products". If the items that make up the set complement each other aesthetically and functionally and are normally sold together as one item, such as a chess board and chess pieces, or a set of knives, forks and spoons, they can be reflected in one design application. However, the applicant must clearly indicate in the brief description that the application is for the design of the combination of items that make up the set, not the design of each item separately. The applicant must submit at least one appearance drawing showing the entire set of items out of 7 views. Otherwise, the examiner will issue a notice of correction and give the applicant three options:

• If the "class unity" can be maintained, the applicant can convert his application into duplicate applications for each individual design and pay the corresponding fees for multiple designs.
• If the "class unity" cannot be maintained, the applicant can convert his application into each individual design and pay the corresponding fee for each single design.
• The applicant may withdraw views representing other designs and limit the application to only one design

Design variants: Different implementations of the same concept cannot be classified into one design application. Each implementation is a design in itself. EUIPO will issue a correction notice and give the applicant three options:

• If the "class unity" can be maintained, the applicant can convert his application into duplicate applications for each individual design and pay the corresponding fees for multiple designs.
• If the "class unity" cannot be maintained, the applicant can convert his application into each individual design and pay the corresponding fee for each single design.
• The applicant may withdraw views representing other designs and limit the application to only one design

Color: Designs may be filed in black and white or in color. A design combining a black and white view with a color view will be rejected as inconsistent. The same applies if the same feature of a design is presented in different colors in different views. This inconsistency indicates that the application covers more than one design and the applicant must either withdraw some of the color views to maintain consistency in the remaining views or convert the application into multiple applications and pay the corresponding fees. However, if the same feature of a design is presented in different colors in different views, it will be accepted by the EUIPO as long as the applicant submits evidence that the color change at different points in time during the use of the product is one of the relevant features of the design. If the design views are in color, the grant and the grant announcement will also be in color.

External elements: In the images of the design provided, no external foreign matter should be included, unless the external foreign matter will not cause any doubt about the protected design, and only for the purpose of illustration, use visual disclaimers to exclude features from the scope of protection, such as through dotted lines, excluding blurred or color-shaded features, and including the design features that need to be protected within the boundaries, so as to make it clear that the design outside the boundaries does not need protection. The following visual disclaimers can be used:

• Broken lines: Broken lines are used to represent features for which no protection is sought, and solid lines are used to represent parts for which protection is sought. If the broken lines are a feature of the design itself, such as seams on a garment, they must be clearly stated in the brief description, and other means such as color shading, blurring or borders may be used to indicate this. The EUIPO does not recommend the use of broken lines to represent parts or lines of a design that are not visible in a particular view.
• Blurring: May be used to blur features in drawings or photographs that are not protected. This is acceptable only if the features claimed are clearly different from the blurred features.
• Color shading: Color shading refers to the use of contrasting tones in an image or photograph to adequately obscure features that are not being protected. When using color shading, the features being protected must be clearly discernible, while the disclaimed features must be represented by different tones to make them appear blurred or less noticeable.
• Boundary: Use of boundaries is used to indicate that protection is not sought for features that are not within the boundaries.

Explanatory words, phrases or symbols: No explanatory words, phrases or symbols, other than the name or address of the applicant, may be shown in the view. If words, letters, numbers and symbols (such as arrows) are obviously not part of the design, the examiner may cut them out of the view using a special IT tool. If the examiner cannot cut them out for technical reasons, the applicant will be asked to submit a clean view or withdraw the defective view.

• Amendment and Supplementary Observations: In principle, the declaration may not be amended after the application has been filed. Therefore, the filing of supplementary or withdrawn observations will not be accepted unless expressly permitted or required by the EUIPO. Where permitted, amendments or supplementary observations must be filed electronically in JPEG format.

Special Requests:

• If the design involves a design consisting of a repeating surface pattern, the design must disclose the complete pattern and sufficient repeating surfaces to show how the pattern can be multiplied indefinitely.
• If the design involves a design consisting of a typographical font, the design must be represented by a string of characters consisting of all letters of the alphabet (upper and lower case) and all Arabic numerals, using the font to produce five lines of text, with a font size of 16. If the application does not contain five lines of text in the relevant font, the applicant will be required to submit such text or accept a change in the product description to a "character set" within the meaning of class 18-03 of the Locarno Classification.
• Brief description: The application may include a description of not more than 100 words explaining the representation of the design or sample, which must only concern the features of the design. The description must not contain statements about the alleged novelty or uniqueness of the design or its technical value, and EUIPO will not examine whether the description is consistent with the description of the design or sample. The brief description does not affect the scope of protection of the design itself. However, the brief description may clarify the nature or purpose of certain features of the design to avoid possible objections. It is not allowed to modify or supplement the brief description after the application date.
  • For example, if different views of the same design show different colors, casting doubt on their consistency, the brief description could explain that the color of the design changes when the product incorporating the design is used.
• Locarno Classification: The unified product identification can be consulted through EUIPO's online DesignClass, which can speed up the examination process. If the applicant does not specify a subclassification, the examiner will assign the appropriate subclassification based on the design. Products that combine different elements to perform multiple functions can be divided into as many classes and subclasses as possible based on the purpose they serve.
  • For example, a product indication refrigerator with a radio and CD player installed would be classified in Locarno Classification classes 14-01 (Apparatus for recording or reproducing sounds or images), 14-03 (Communications equipment, wireless remote controls and radio amplifiers) and 15-07 (Refrigeration machinery and equipment).