EUIPO design reform — a new era for EU design rights

The European Union Intellectual Property Office (EUIPO) has ushered in a new chapter for design protection across the EU, with reforms to the legal framework governing design rights. Effective across two phases — from 1 May 2025 and 1 July 2026 — these changes modernise the system to better reflect the realities of digital innovation and global commerce.

Here, Sara Ludlam, Eddy Martin, Emily Rickard and Safaa Zbiri explain the changes that have been implemented — including the introduction of a new ‘D’ symbol to indicate protected status via registered design — and what they’ll mean in practice.

Existing EU design laws

The existing EU laws provide protection for unregistered design rights (three years) and registered designs (up to 25 years, subject to paying renewal fees every five years). 

In the UK, the registered design protection period is the same but unregistered design rights have up to ten years’ protection.

You can file one application at the EUIPO and obtain registered design protection in all EU member states.

What changes have been implemented? 

The EU design rights regime was established over two decades ago and no longer adequately addresses the modern design world. 

The reforms seek to rectify this by:

• Clarifying and strengthening design protection in connection with technological advancements and innovation.
• Making the spare parts aftermarket more open to competition.
• Making REUDs (Registered European Union Designs) more accessible, efficient and affordable.
• Making the systems for protecting EU and national designs more complementary and interoperable, particularly by aligning procedural rules.

In addition, the legislation:

• Makes cultural heritage elements of national interest — for instance, the traditional costume of a region — unprotectable as designs.
• Aims to simplify and streamline procedures relating to REUDs and resolve inconsistencies between the design and trade mark systems. In turn, this is intended to make the design protection system easier and cheaper to use as well as encourage individual designers and SMEs to use it.

Deep dive into EU design law changes

New definitions & names

What can be protected by design law is defined by reference to ‘product’ — and the definitions of ‘design’ and ‘product’ have been expanded, with a ‘design’ now including movement, transition and animation. This opens the door to protection for dynamic digital interfaces and reflects the fact that designs and products are no longer confined to physical products but can exist in virtual spaces. Such designs (with no physical embodiment) are now explicitly eligible for protection. 

The term 'design' is now defined as “the appearance of the whole or a part of a product resulting from its features, in particular, the lines, contours, colours, shape, texture or materials of the product itself and/or its decoration including the movement, transition or any other animation of those features”.

Meanwhile, ‘product’ now encompasses virtual and non-physical items such as graphical user interfaces (GUIs) and typographic typefaces. However, software remains excluded. 

The Registered Community Design (RCD) is now the Registered European Union Design (REUD), while the Unregistered Community Design (UCD) becomes the Unregistered European Union Design (UEUD).

New ‘D’ symbol introduced

From 1 May 2025, holders of REUDs may use the Ⓓ symbol — known as ‘the design notice’ — to indicate protected status through registration. This information can help to prevent the infringement of products that are protected by design registrations and also add value to the protection itself. 

If you’re relying on unregistered design rights, you won’t be able to use the design notice. However, it’s recommended that (where appropriate) you state on your websites, products and/or packaging that you own particular unregistered design rights, whether these exist in the EU or UK.

There’s currently no equivalent symbol for a registered or unregistered design notices for UK designs.

Remember, the existing IP notices are ™ (unregistered trade mark), ® (registered trade mark) and © (copyright work). 

Filing changes 

Applications can now only be submitted directly to the EUIPO, rather than via national IP offices.

Currently, only static images can be registered and the application is limited to seven ‘views’ of the design — making it practically impossible to register a complex design or animated digital designs (such as app interfaces). 

The seven-view limit will be lifted from 1 July 2026 to allow more flexibility. Exact limits will be defined in secondary legislation. Applicants will also be able to file video files from that same date. This aligns with existing practices for motion trade marks and reflects the EUIPO’s commitment to accommodating technological advances. 

The legislation also introduces greater flexibility in multiple design applications. Up to 50 designs can now be filed in a single application — regardless of their Locarno classification — significantly reducing costs. 

Reproduction & counterfeiting 

Design holders now have new rights to prevent third parties from using new technologies to reproduce their designs. They can prohibit third parties from “creating, downloading, copying, sharing or distributing to others any medium or software which records the design” for the purposes of reproduction without their permission. This is particularly relevant in the context of 3D printing. 

Additionally, rights can be enforced against third parties that are bringing infringing products into the EU — irrespective of whether the infringing products are intended to be released into the commercial market (i.e., where they’re only transiting through the EU).

Visibility

The reforms clarify that design protection applies to features shown in the registration even if they’re not visible at all times on the actual product itself. For example, the underside of a bicycle saddle may qualify for protection. 

Repair clause — spare parts

The repair clause — which excludes design protection for “must-match” spare parts — is now permanent and must be implemented by member states by December 2032. The aim is to ensure fair competition in the aftermarket for spare parts, particularly in sectors like automotive repair where design protection could otherwise be used to monopolise replacement components.

Deferment rules

Under the new rules, applicants seeking deferment of publication must now pay the full fee upfront to secure a filing date, even if deferment is requested. 

To avoid automatic publication, designs must be surrendered at least three months before the end of the 30-month deferment period, although a four-month buffer is recommended.

Fair use

From 1 May 2025, the updated rules introduced a referential use exception that explicitly allows registered designs to be used for purposes such as comment, critique or parody.

Fee adjustments 

The new regulation also introduces a single application fee, which consolidates the former registration and publication fees.

• The basic fee for one design application remains at €350.
• Additional designs in a multiple application now cost €125 each (down from €175).
• Some fees (e.g., for recording license cancellations) have been abolished.

However, renewal fees started to increase significantly from 1 May 2025:

• First renewal: €150 (was €90).
• Second renewal: €250 (was €230).
• Third renewal: €400 (was €150).
• Fourth renewal: €700 (was €180).

Disclosure & unregistered design rights

For unregistered designs, the requirement that public disclosure must occur within the EU has been removed. However, legal interpretation is pending and design right owners are advised to disclose within the EU or file for registration within the 12-month novelty grace period. 

Recommendation:

1. Disclosing within the physical EU territory remains the safest route if the design owner is relying solely on unregistered design right protection.

2. However, if it’s first disclosed outside the EU, the safest way is to file for a registered EU design within the 12-month novelty grace period.

What does this mean in practice?

These reforms mark a pivotal shift in EU design law, offering greater clarity, flexibility and protection in an increasingly digital and globalised marketplace. For businesses and designers alike, understanding and adapting to these changes will be key to securing and enforcing design rights in the years ahead.

A greater variety of designs are now expressly protectable. This will be particularly relevant to:

• Creators of digital designs, such as virtual fashion, NFTs, in-game items and animations.
• Businesses developing metaverse-related assets, including digital goods and environments.
• Creators of light or virtual effects (such as light installations).
• Store owners with new and individualistic store layouts.
• Those that produce 3D-printable designs or where products are often infringed by 3D-printable designs. These include healthcare, automotive, aerospace and consumer goods industries.
• Designers of software interfaces, GUIs and digital product designs that were previously unprotected.

What happens next?

Many of the above changes took effect from 1 May 2025. However, the most significant impact will occur on 1 July 2026, when the new design representation regime is introduced. From then, it’ll become easier to obtain registrations for designs that are embodied in non-physical products and designs will be able to be represented in digital formats such as JPEG files. Notably, the seven static view limit will be abolished, with applicants now able to submit video files. 

Once all provisions are implemented, it’s expected that there’ll be a notable increase in the volume and diversity of designs registered in the EU. 

Talk to us

Our experienced intellectual property lawyers can help you to understand, navigate and maximise the new EU design regime — whether you need assistance with securing registrations or defending, enforcing or managing your rights.

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