Design protection Europe / “EU design” / Community design: Register EU design at a fixed price / design registration

According to Article 1 of the Community Design Regulation (CDR), a design with validity in the European Union is referred to as a “Community design”. In this context, there is a “registered Community design” (“EU design patent”) as well as an “unregistered Community design”.

Article 3 a) CDR defines a “design” as the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.

According to Article 4 CDR a design shall be protected by a Community design to the extent that it is new and has individual character. This “novelty” exists if no identical design has been made available to the public, before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.

In contrast, a design has individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the date of filing the application for registration or, if a priority is claimed, the date of priority.

According to Article 8 CDR, a Community design shall not subsist in features of appearance of a product which are solely dictated by its technical function (→ patent protection or utility model protection). In addition to that, a Community design shall e.g. not subsist in a design which is contrary to public policy or to accepted principles of morality.

If you need protection for your logo in the EU, there are several ways to reach this goal. For example, a Community Design can be applied for a new logo if the requirements are met. Additionally, or alternatively, trademark protection – for example as a figurative mark – can be considered if the logo is already in use for some time and it shall be used as an indication of origin. Both options have different objectives and requirements as well as different advantages and disadvantages.

A registered Community design (European industrial design right) has a uniform effect for the entire European Union. If successfully registered, an “EU design” gives protection in all (currently) 27 member states of the European Union. Design protection therefore exists in the following European countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia and Spain.

The price of an EU design / Community design is higher, but the regional scope of protection is significantly greater than for a (solely) German design and includes all member states of the European Union. So if you need design protection not only in Germany but also in other European countries such as Austria, France, Italy, Poland, Czech Republic or the Netherlands etc., a Community Design is often recommended and a very good option.

The costs of a design registration in the European Union depend on the number of designs to be protected. In general, the costs consist of the official fees of the European Union Intellectual Property Office (EUIPO) as well as our fee if we are allowed to assist you. The official fee for the registration and publication of an EU design amounts to 350 € for an electronic application. For additional designs within the scope of this multiple application, an additional 175 € in official fees per further application will be charged.

Overview of official fees for Community design applications in the European Union:

Basically, you can apply for an EU design on your own – if you have an address in the European Union. However, if you intend to do so, you should urgently familiarize yourself with the requirements and conditions of Community design law. Applications filed by a “non-professional” can lead to errors that are difficult or impossible to correct and, as a result, to a useless design application.

Even when applying for a design in the European Union, the details are relevant. Applications filed by “laymen” often lead to a too narrow scope of protection or, frequently, do not even protect what should be protected. For the best protection and to avoid mistakes in the design application, it may be advisable to seek advice from specialists in this field.

Unfortunately, a refund of official fees by the European Union Intellectual Property Office (EUIPO) does not take place even if an application was not successful for any reason. The fee is retained because of the processing or examination of the application by the Trademark Office up to that point.

After the design application or design registration, the form of the design cannot be changed. In addition to a possible separation of different designs within the scope of the application, withdrawal or cancellation is possible. Further developments or variations of the registered Community design can – if the requirements for protection are met – be protected by a new design application or by a multiple application, if applicable.

No, EU design law does not provide an examination of prior rights of third parties. The European Union Intellectual Property Office (EUIPO) in Alicante therefore registers a design without a corresponding check. It is possible, that designs which are not legally valid are also registered and that these are later cancelled. At least a certain preliminary search for corresponding designs can therefore be useful.

Procedure of a Community design registration in the European Union (if we may support you):

➔ Order & payment ➔ summary & draft ➔ filing / application and forwarding of official fees after your confirmation ➔ examination of the “European Trademark Office” / European Union Intellectual Property Office (EUIPO) (formerly: Office for Harmonization in the Internal Market – OHIM) for formal requirements ➔

• ➔ if problems ➔ provisional refusal with setting of a time limit to remedy the objection by submitting a statement to the Trademark Office ➔ if this is successful, examination will be continued // if not successful, then rejected and possibility to take action against it
• ➔ if no problems ➔ registration of the design registration, publication of the design and possibility to receive electronic design certificate / forwarding of the electronic design certificate

(Duration from application to registration of the Community design at the EUIPO ideally from some days to a few weeks.)

After registration of an EU design you may advertise for it e.g. with reference to a “registered Community design” or “design protection in the EU”.

A registered EU design – if no prior cancellation has taken place – initially gives protection for five years (calculated from the filing date).

An EU design can be renewed at the European Union Intellectual Property Office (EUIPO) after the initial protection period of five years has expired for a further five years each time, up to the maximum protection period of 25 years.

Unlike as a trademark, there is no need to use an EU design in the European Union. Accordingly, non-use is not a reason for cancellation of the Community design. A grace period or an obligation to use does not exist for industrial designs.