EU design reform now in force

The first phase of the new EU design law came into effect on May 1, 2025. This is the first comprehensive reform of the EU design system in 20 years, aiming to reduce the cost of design registration, simplify the process, and unify the national registration procedures of member states.

First stage application and registration:

• The former terms "Registered Community Design (RCD)" and "Unregistered Community Design (UCD)" have been renamed "Registered European Union Design (REUD) " and " Unregistered European Union Design (UEUD) " respectively.
• Multiple designs in a single REUD application: It is now allowed to include up to 50 designs in the same REUD application , and the requirement for "class unity" has been cancelled. Multiple designs covering different products can be combined in one design application without being restricted to the same Locarno Classification, aiming to promote an increase in the number of design registrations.
• Fees: The design registration fee for EU designs no longer distinguishes between application fees and publication fees, which must be paid in a timely manner during the new application stage. Annual renewal fees are significantly increased in the 15th to 20th year and the 21st to 25th year, aiming to retain REUDs actually used in the market.
• Delayed publication: Unless the applicant abandons the design before the end of the delay period, the design for which a delay in publication is requested will automatically enter the publication stage. EU member states need to introduce a delay in publication option of up to 30 months for design applications to unify the delay rules across the EU.
• Renewal request: Previously, the deadline for annual fee renewal request was the end of the month when the registration expired. After the reform, the renewal request must be paid within 6 months before the actual date of registration expiration, or within the grace period of 6 months after the expiration. The current rules are consistent with the renewal period of the EU trademark system.

Protection scope:

• Definition updates: The definitions of designs for REUD and UEUD explicitly include animated designs, such as “motion, transition or other forms of animation of the features of the appearance of the whole or part of a product”. The statutory definition of “product” is also expanded to include physical and non-physical forms, with specific examples including graphical user interfaces and indoor and outdoor spatial layouts. Only design features that are visible in the registration application are eligible for protection and therefore must be included in the application. Registration applications for non-physical products and non-static designs are more complicated in practice and will not take effect until July 1, 2026.
• Design Marking: Similar to registered trademarks, REUD owners can now inform the public that their designs are registered by displaying a circular registration symbol containing the letter D on their products, accompanied by the design registration number or a link to the register.
• Infringement: REUD/UEUD owners gain new exclusive rights for design infringement related to 3D printing and have the right to prevent third parties from shipping counterfeit products within the EU. New defences against REUD and UEUD infringements have been added, including in advertising, reviews, etc.
• Spare parts used to repair components of complex products (such as cars) will not be protected by REUD/UEUD if they are only used to restore the original appearance of the complex product. This provision only applies to repair purposes. The original Design Regulation contained a similar transitional repair provision, while the new Regulation makes this provision permanent, continuing the relevant EU case law.

Future changes:

• Other provisions of the Regulations, including amendments to the implementing and delegated regulations, will come into effect on July 1, 2026. These changes will further clarify application requirements and design representation rules, including:
  • Harmonization of rules and standards: Implementing and delegated regulations will use harmonized rules and standards at the EUIPO, clarifying the transition of non-physical products or designs, including updating design proposals, removing the 7-view limit for registered images, and allowing the use of different file types (e.g. JPEG, MP4).
  • Fast-track invalidation mechanism: Secondary legislation will set out standards for the design of invalidation proceedings and appeals, including the introduction of a “fast-track” invalidation procedure in simple cases.
  • At the same time, EU member states need to transform the Directive into domestic law by December 9, 2027. The changes in the Directive are similar to those in the Regulation, but also include additional provisions on national unregistered design protection and presumption of ownership. The Directive also contains similar spare parts repair provisions as the Regulation, but with a longer transition period.

For more details, stay tuned for future updates.