From Aesthetics to Assets: How to Secure Your Design Rights in the EU

1. Submission of the application

Applications for the registration of an EU design can be submitted electronically (e-filing), by post, or in person at the EUIPO. However, as of 1 May 2025, applications via national offices will no longer be accepted.

The EUIPO strongly recommends e-filing for all applications and requests via the EUIPO website, as this ensures the highest quality representation of the EU design.

When submitting the application, applicants can inform the EUIPO that they wish to use the WIPO DAS (WIPO Digital Access Service) system for the exchange of priority documents relating to their application by ticking a checkbox. The EUIPO will then enter the application into the WIPO DAS system and the applicant will automatically receive an access code that they can use to claim priority for subsequent filings with other offices connected to the WIPO DAS system.

Additionally, an EU design application can claim priority based on an earlier application for the same design in or with effect in a State party to the Paris Convention or the Agreement establishing the World Trade Organization Art. 41 EUDR (Commission Implementing Regulation (EU) 2025/73 of 17 January 2025, amending Commission Regulation (EC) No 2245/2002 of 21 October 2002, which implements Council Regulation (EC) No 6/2002 on Community designs). This 'priority under the Paris Convention' is valid for six months from the filing date of the first application and can be claimed by filing a declaration of priority within two months of filing the EU design application, Art. 42 (1) EUDR.

2. Mandatory requirements for the application 

The mandatory notification requirements arise in particular from Art. 1 et seq. EUDIR. Accordingly, it is also possible to file a multiple application combining up to 50 designs for registration as community designs, Art. 2 (1) EUDIR.

The application can be filed in any of the 24 official languages of the European Union, Art. 98 (2) EUDR and Art. 1 h) EUDIR. This language is the first language of the application. Additionally, the applicant must indicate a second language, which must be one of the EUIPO languages (German, English, French, Italian or Spanish), different from the first language.

The application must also meet the following minimum requirements:

• According to Article 1 (1) (b) of the EUDIR, the applicant's name, address, nationality, and country of residence or registered office must be stated. Applicants who do not have their domicile, principal place of business or commercial establishment in the European Economic Area (EEA) must also designate a representative in their application to represent them in any proceedings before the EUIPO, Art. 77(2) EUDR.
• Furthermore, pursuant to Art. 1 (1) d), 3 (1) and (3) of the EUDIR, the products into which or onto which the design is to be incorporated must be designated in such a way that their nature can be clearly identified, and each product must be classified in only one class and one subclass of the Locarno Classification. This classification is for administrative purposes only, particularly enabling third parties to search for registered EU designs in databases, Art. 3 (2) EUDIR. However, this does not affect the scope of protection. This means that the registered design grants the holder exclusive rights for any type of product, not just those specified in the application. According to Art. 36 (3) (d) EUDR and Art. 1 (2) c) EUDIR, classification does not have to be carried out by the applicant ("may"), although this is strongly recommended by the EUIPO to speed up the registration process. To this end, applicants can use the DesignClass web tool, which assists users in classifying products.
• The design must be reproduced in accordance with Art. 1 (1) (c), Art. 4 EUDIR. Up to seven protected images can be uploaded for this purpose, Art. 4 (2) EUDIR. Three additional unprotected images are also permitted. However, they must not contain any new information that is not already visible in the seven protected images and must be clearly marked as 'not for publication'. These additional views are only used for better technical reproduction and are only checked internally by the EUIPO; they are not published.
• Finally, the application must contain the signature of the applicant, Art. 1 (1) (i) EUDIR, whereby the indication of the name and authorization of the signatory is sufficient for e-filing. If there is more than one applicant, the name and authorization or signature of one applicant is sufficient. 

3. Substantive examination of the application

When setting up and managing your own design portfolio, it should be noted that, unlike with trademarks, the EUIPO does not examine the content of applications. According to Art. 4 (1) of the EUDR, a design is only protected if it is new and has an individual character. However, the examination is limited to the existence of formal grounds for refusal, Art. 47 (1) EUDR. A ground for refusal exists if the design does not qualify as such according to Art. 3 No. 1 EUDR or if the design contravenes public policy or morality, Art. 9 EUDR.

According to the legal definition in Art. 3 No. 1 EUDR, a design in the legal sense means the appearance of the whole or a part of a product resulting from the features, particularly the lines, contours, colors, shape, surface texture and/or materials of the product itself and/or its ornamentation, including the movement, changes in state or any other kind of animation of these features.

The wording of Art. 9 EUDR is very broad and leaves room for interpretation. The purpose of the standard is not to filter out designs whose use must be prevented at all costs, but rather to prevent the registration of designs that would be perceived by the relevant public as a direct violation of society’s fundamental moral standard. This includes the depiction of hardcore pornography or clearly racist symbols, such as the sun cross of the Ku Klux Klan.

If the examiner raises an objection regarding one of the two grounds for refusal, the applicant has two months in which to withdraw or amend the design representation or to submit observations (Art. 47 (2) EUDR, Art. 11 (2) EUDIR). However, if the applicant is unable to remove the grounds for refusal within the time limit, the EUIPO will reject the application, Art. 47 (3) EUDR, Art. 11 (3) EUDIR.

4. Special requirements for the representation of the design

The requirements regarding the representation of the design under Art. 36 (1) (c) EUDR, Art. 1 (c) and Art. 4 EUDIR are particularly prone to error. The purpose of the graphic representation requirement is to disclose the design's protected features. For this reason, the representation must be self-contained in order to clearly and unambiguously determine the subject matter of the registered design's protection, thus ensuring legal certainty. Explanatory text, designations or symbols are not permitted in the views. The design must be shown on a neutral background so that it stands out clearly and remains identifiable. It must also show all details for which protection is claimed, and it must be possible to reduce or enlarge it to a maximum format of 8 cm in width and 16 cm in height per view for entry in the Register of European Union Designs and direct publication in the European Union Designs Bulletin Art. 4 (1) (e) EUDIR.

In principle, the representation may not be changed after the application has been filed without the consent or request of the EUIPO, Art. 12 (2) EUDIR. Therefore, various points must be observed when reproducing the design to ensure a successful application.

a. Perspective views

The Common Practice on the Graphical Representation of Designs (CP6, p. 4) of the European Trade Mark and Design Network recommends using perspective views to represent designs. These show the design from different angles and include the following views: front, top (from above), right side, left side, rear and bottom. Only one perspective view needs to be submitted. The EUIPO exemplifies the different perspective views (with the exception of the bottom view) in its Design Guidelines (Examination of applications for registered European Union designs, Section 5) as follows:

REUD No 2 325 456-0001

b. Visual formats

In accordance with Common Practice (CP6, p. 7), the EUIPO recommends using only one visual format to represent the design. For example, a drawing or a photograph can be used, but a combination of both should be avoided. This is because, when using multiple formats, each one must clearly and unambiguously refer to the same design, and the representations must be consistent in their depiction of the disclosed features. Conversely, if the different formats are not coherent with each other, it is assumed that they do not represent the same design. Such inconsistencies usually occur when a drawing and a photograph are used together. The following example is therefore inadmissible, as shown in the EUIPO's Guidelines (Section 5.2.1): the seat is flat in the drawing but curved in the photograph, and the backrest has a different shape.

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If the applicant wishes to use different visual formats, EUIPO recommends filing each one as a separate design. However, a multiple application is also possible (see under 2.). However, this is merely a recommendation, not a mandatory requirement, meaning that different types of visual representation can in principle be combined.

c. Various embodiments

It should also be noted that different versions of the same concept cannot be combined in a single application, as each version is a design in its own right.

This is the case with the sports helmets shown here. Due to differences in strapping, decoration and color, among other things, the three representations do not reflect the appearance of 'one' product (see Federal Court of Justice, judgement of December 20, 2018 – I ZB 25/18 (BPatG)).

d. Colors

The design must be reproduced in either black and white or color. Combinations of black-and-white and color views are not permitted, nor is the reproduction of different views in different colors, because in such cases it is assumed that the application relates to more than one design. However, if the applicant can prove within the time limit set by the EUIPO that color variance at different times of use is one of the design's relevant features, this will be accepted. For example, this could apply to a teacup that changes color when containing hot water, such as changing from blue to red. In this case, views of the cup in blue (cold state) and red (hot state) can be submitted with an explanation that the color change is part of the intended design and occurs during use.

e. Specific requirements for the different types of views

In addition to the aforementioned perspective views, a number of other view types can be used for reproduction. Each of these has its own special features:

• Alternating positions: Designs with alternating positions should be configurable in different ways without the need to add or remove parts. Separate views must be provided to show the alternate positions of movable or removable parts. For example, a foldable mobile phone would require separate views showing it both closed and unfolded.
• Exploded views: Exploded views show the product broken down into its parts, demonstrating how they fit together. It is important to note that exploded views must be combined with at least one view showing the product in its assembled state. In a separate view, all parts of the product must be shown in a disassembled state. The disassembled parts must be shown in close proximity to each other, i.e. without large distances between them, and in the order of assembly.
• Views magnifying part of the design: One enlarged view is permitted, provided the enlarged part is recognizable in one of the other submitted views.
• Partial views: It is permissible to show a partial view of a product in isolation (and possibly enlarged), provided it is combined with at least one view showing the product in an assembled state.
• Sectional views: Sectional views showing features of the product's appearance, such as its contour or surface, should only be submitted together with conventional views, i.e. perspective views. This ensures that it is clear that the views depict the same design. Technical details such as sizes and numbers are not permitted. 
• Sequence of snapshots: Snapshots are admissible if they show a sequence of views that clearly and understandably represent a single animated design at different points in time. The applicant must number the views so that the movement or progression is clearly conveyed. 
• Sets of articles: A set of articles comprises a group of products of the same kind that are considered to belong together and are used as such. If the set is aesthetically and functionally complementary, and is usually sold as a single product, it can be represented by a single design application. For this to be possible, it must be clear that the combination of articles is to be protected. At least one view showing the entire set must be submitted. An example of this would be a chessboard with its pieces.
• Repeating surface patterns: In the case of a repeating surface pattern, the reproduction must demonstrate that the pattern is repeated infinitely. For example, if the pattern is a floral design repeated at regular intervals on wallpaper, both the smallest repeating unit and a larger section of the surface must be shown to illustrate how the pattern continues endlessly.
• Typographic typefaces: If the application concerns a typeface design, the design representation must include all letters of the alphabet in both upper- and lowercase. Additionally, all Arabic numerals, as well as five lines of text, must be reproduced in this typeface in 16-point font, Art. 4 (4) EUDIR. 

f. Visual disclaimers to exclude features from protection

Any features for which protection is not claimed must be apparent from the design representation. This can be achieved using visual disclaimers, such as excluding the features not to be protected with dashed lines, blurring, color shading, or indicating them within a boundary. This makes it clear that no protection is to be claimed for anything outside the boundary.

However, it should be noted that the offices have agreed the general recommendation within the framework of Common Practice (CP6, p. 3) that representations showing only the claimed design are preferred. Nevertheless, if the representation contains parts for which no protection is sought, the features to be protected and those not to be protected must be clearly distinguishable. Dashed lines are recommended for this purpose. 

5. Registration of the EU design

If the design application meets all the registration requirements, it is usually registered within 10 working days. If the conditions for the accelerated procedure (Fast Track) are met, however, registration can be completed within two working days:

• The application was submitted electronically using the four-step form (Step 1: Design details; Step 2: Search for existing designs; Step 3: Create account/login; Step 4: Confirm and pay);
• Both the product specification and the classification were carried out using DesignClass ;
• Priority documents, if a priority has been claimed, are already available in the WIPO DAS system and are marked with a WIPO DAS code. They are also enclosed with the electronically filed application, unless the earlier application was filed with the EUIPO.;
• No exhibition priority (the date on which the design was displayed at an officially recognized exhibition is deemed to be the filing date) was claimed;
• The representative, if applicable, is registered in the EUIPO database and the corresponding ID number is indicated on the form;
• Fees must be debited from an account at the EUIPO or paid by credit card.

If an application is rejected, the applicant receives a report summarizing the irregularities found. They are then given a deadline to rectify these.

All registered EU designs are published in the European Union Designs Bulletin. This is published on the EUIPO website. After full publication, a certificate of registration is issued. On the other hand, international registrations designating the European Union appear in the WIPO Hague Express Bulletin, and the EUIPO does not issue a certificate of registration for these.

If the applicant does not wish for the registered design to be published immediately, they may request that publication be deferred for up to 30 months from the filing date, in accordance with Art. 50 (1) EUDR. During this period, the applicant can invoke the protection of the application even though the design has not yet been published. This procedure may be advantageous if the design is part of a planned product that will be launched at a later date, for example, and competitors should not become aware of it at the time of filing. 

6. Fees

Under the EU design law reform, a single application fee must be paid for an EU design application. The registration and publication fees have been combined, Art. 36 (4) of the EUDR. This fee must be paid by the applicant within one month of filing the application. If the applicant requested deferment of publication when filing the application, an additional deferment fee is payable. If the applicant does not pay the applicable fees immediately upon filing the application, late payment fees will be charged. In the case of multiple applications, additional application fees and deferment fees, where applicable, must be paid for each additional design. Art. 37 (2) EUDR.

The application fee for a single design is €350; each additional European Union design in a multiple application costs €125. The deferral fee for a single design or the first design with deferral of publication in a multiple application is €40. Each additional deferral of publication in a multiple application costs €20 per design. The EUIPO provides a fee calculator on its website to help you calculate the fees in advance.

7. Scope and duration of protection

The initial term of protection for a registered European Union design is five years from the filing date and can be extended by five-year periods up to a maximum term of 25 years, Art. 12 (1) and (2) of the EUDR.

According to Art. 38 (1) EUDR, a filing date is assigned if the application includes a request to register an EU design, information identifying the applicant, and a representation of the design suitable for display. In this case, the filing date is the date of receipt by the EUIPO. If one of the above requirements is not met, but the applicant subsequently remedies the deficiency within the set time limit, the filing date is the date on which the deficiency is remedied, Art. 45 (4) EUDR. If the priority of an earlier application is claimed, the priority date is deemed to be the filing date Art. 43 EUDR.

8. Advantages over unregistered designs

Although European design law also protects unregistered designs, this protection is nowhere near as comprehensive as that afforded to registered designs. For example, unregistered designs are only protected for a maximum of three years from the date on which they were made available to the public in the EU, for instance through publication, exhibition, or use in trade, Art. 11 (1) EUDR. Interested parties in the EU must have had the opportunity to become aware of the disclosed design, Art. 7 (1) EUDR. The owner of the unregistered design must prove this in potential infringement proceedings.

The difficulties associated with providing such proof should not be underestimated, given that there is no official entry in the absence of registration and that the evidence is often weak or vulnerable. Additionally, the infringer must have intentionally copied the design; infringement proceedings would be unsuccessful if it could reasonably be assumed that the infringer was unaware of the disclosed design, 19 (4) EUDR. 

9. No opposition period

Another distinctive feature of European design law is the absence of an opposition period. This means that an EU design can subsequently be cancelled at any time, even after registration, if it lacks novelty or individual character. For this reason, it is particularly important that applicants ensure their EU design fulfils the substantive legal requirements of the EUDR with regard to novelty and individual character.

According to Art. 5 (1) EUDR, an EU design is deemed to be new if no identical EU design has been made available to the public (absolute identity). If the features differ only in insignificant details, the designs are deemed to be identical, Art. 5 (2) EUDR. The examination of the novelty of the EU design is carried out in comparison with designs disclosed before the filing date defined in Art. 5(1) EUDR, and the seniority of the EU design to be examined is determined. To determine whether a design is new within the meaning of the EUDR, the EUIPO provides DesignView, a search tool that any internet user can use free of charge to search for registered designs of the EUIPO and the participating national offices.

Pursuant to Art. 6 (1) EUDR, a design is considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced by another product. Whether and to what extent this is the case must be assessed according to the circumstances of each individual case. 

Conclusion for your company:

A strong design deserves strong protection! The EU design provides an efficient, Europe-wide, standardized solution to this problem. For companies that regularly develop innovative product designs, applying to the EUIPO early on is a strategically important step in securing their competitive edge. The requirements for design representation and classification must therefore be taken seriously — precision is crucial here. Those who act in good time not only create legal certainty, but also protect their investments in creativity and innovation in the long term. 

We will be happy to advise you.