A quick and easy guide to design registration system in the EU

What does an EU design protect?

An EU design protects the appearance of the whole or part of a product, including lines, contours, colours, shape, texture, and materials, as well as the ornamentation of the product.

Two main types exist in the EU:

• Registered EU Design (REUD / RCD): strong monopoly‑type protection for up to 25 years, renewable every 5 years.
• Unregistered EU Design (UEUD): automatic protection for 3 years from first disclosure in the EU, but only against copying (no protection against independent creation). Attention: no registration will be available after the 12 months from the first disclosure!

Once registered, the EU design gives its owner an exclusive right in all 27 EU countries to:

• Use the design.
• Prohibit third parties from using identical or similar designs on the same or similar products, even if independently created.

Key enforcement points:

Territorial limit: EU‑only; separate protection is needed for the UK and other non‑EU territories.

Burden of proof: easier than with unregistered designs, because the registration certificate serves as official evidence.​

What are the eligibility requirements for design protection?

To register an EU design, it must satisfy two main conditions:

• Novelty: no identical design has been made available to the public before the filing date (or priority date, if claimed).
• Individual character: the overall impression on the “informed user” must differ from that produced by any existing design(s).

The design must also not conflict with public policy or morality (e.g., hate symbols, contrary‑to‑morality graphics).

Where to file for a design registration?

EU‑wide protection is obtained by filing a Registered Community Design with the European Union Intellectual Property Office (EUIPO) in Alicante. The filing procedure is performed online at the EUIPO protal.

It is also possible to designate the EU in of an international design application via WIPO Hague System.

What information do I have to prepare before filing?

Applicant details: name, address, nationality/State of incorporation (individual or company).

Representations of the design: up to 7 views (orthographic or perspective) of the product, in a uniform technique (e.g., consistent line‑drawing style or 3D renders).

Product description: a short description of the product in which the design is incorporated or to which it is applied (e.g., “chair”, “smartphone case”).

Locarno classification: the product class (e.g., 05‑01 for chairs, 14‑03 for watches) keyed into the E‑form.

List of creator(s): name(s) of the designer(s).​

Priority claim (if applicable): details of an earlier national or international filing (with DAS code if available), plus submission of the priority document within 3 months of EU‑filing if required.

What is Locarno classification and where can I find the classess?

The Locarno Classification is the international classification system for industrial designs, used to group products in which designs are applied (e.g., “chairs”, “bags”, “screens”) into standardized classes and subclasses. It is established under the Locarno Agreement and administered by the World Intellectual Property Organization (WIPO).

What Locarno Classification is:

• It assigns each product type a class and subclass code (e.g., 05‑01 for chairs, 14‑03 for watches) so that design offices and databases can consistently categorize and search designs.
• National and regional IP offices (including the EUIPO in the EU) are required to indicate the Locarno class and subclass in their design registrations and publications.

Importantly, the classification only describes the product; it does not limit the scope of protection of the design itself.

More on Locarno Classification on the EUIPO portal: https://www.euipo.europa.eu/en/designs/before-applying/locarno-classification

Will my design be examined?

After filing, the EUIPO carries out a limited formal examination (not a full substantive examination for novelty or individual character). If the application passes:

• The design is registered and published in the EUIPO Register of Designs.
• For straightforward cases, registration and issuance of the registration certificate typically occur within 1‑2 months from filing.

The publication can be deferred (initially) for up to 30 months by paying a small extra fee, which is useful if you want to keep the design secret during product development.

How long will my design last?

An EU design is initially granted for 5 years from the filing date.

It can be renewed four times, each time for 5 years, up to a maximum of 25 years.

Renewal is done via the EUIPO portal, submitting a renewal request and paying the renewal fee before the expiry date.

The certificate issued by EUIPO is prima facie evidence of the validity and scope of your rights in the 27 EU Member States.

Can I register a design that has already been divulgated (a product incorportating a design has been sold, exhibited or othervise made available to public)?

Yes, you can sometimes still register a design even if it has already been disclosed (sold, exhibited, or otherwise made public), but it depends on when and how it was disclosed under EU law.

An EU design must be new and have individual character. If the design (or an identical one) has been made available to the public before your filing or priority date, the registration can be refused or invalidated, unless an exception applies.

The EU provides a 12‑month grace period for disclosures made by the designer (or by someone who obtained the information from the designer), for example:

• Selling the product.
• Exhibiting it at a trade fair.
• Publishing it online (catalogues, websites, etc.).

If the first disclosure was made by you (or with your consent) and the application is filed within 12 months of that disclosure:

• The earlier disclosure does not destroy novelty for the EU‑registered design.
• You can still obtain a registered EU design with up to 25‑year protection.

If you miss this 12‑month window, the prior disclosure will normally count as prior art, and registration may no longer be possible (unless the disclosure was not reasonably accessible to “specialised circles” in the EU, which is a narrow exception).

What if someone else disclosed my design?

If the design was first disclosed by a third party (not by you or someone you disclosed it to) before your filing or priority date:

• That disclosure usually destroys novelty, and registration of the same design in the EU is not possible.
• However, if that disclosure was not reasonably accessible to specialised circles in the EU in normal trade, it may not count; this is a high‑threshold argument.

In such a case, you may still have:

• Unregistered EU design right (UEUD), if the design was first made available to the public within the EU and copying is occurring.

EUIPO

The European Union Intellectual Property Office (EUIPO) is the central body in charge of managing European Union trade marks (EUTM) and registered Community designs (RCD).

Headquartered in Alicante, Spain, it functions under the supervision of the European Commission.
As a core component of the EU internal market, the EUIPO framework allows applicants to secure intellectual property rights in all 27 EU Member States through a single registration procedure.

Design protection

Legal basis

• Regulation amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002

Types of protection

• Registered Design (RCD);
• Unregistered Design (UCD).

Term of protection

• Registered designs: 5 years from the filing date, renewable four times, up to a maximum of 25 years;
• Unregistered designs: 3 years from the date of first disclosure within the EU.

Key features

• Fast registration (in most cases registration can be obtained within 2–4 weeks);
• Coverage extends to all EU Member States;
• No substantive examination of novelty or individual character; focus on formal requirements and disclosure.

INNA CHERKASOVA

EU Trademark and Design Attorney