Registration of the Community Design in the European Union

Registration of the Community Design is conducted via filing one application with the European Union Intellectual Property Office (EUIPO) and is valid in 28 European Union countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, the United Kingdom, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

• Design fees

Fees associated with filing Community Design applications with EUIPO as well as other design fees are available in the fee calculator.

• The term for filing a design application

The term for filing a design application claiming priority is six months from the priority date.

• Minimum filing requirements

To obtain a filing date, it is necessary to provide the European Union Intellectual Property Office with a request for registration of a Community Design, information identifying the applicant and a representation of the design or a specimen, if applicable.

• Language of the Community Design application

The application may be filed in English, French, German, Italian or Spanish. The applicant must also indicate a second language, which must be different from the language of filing.

• Multiple design applications

A Community Design application may include several design variants in one application if the designs belong to the same class of the Locarno Classification.

• Priority document

A copy of the priority document should be submitted to the Office within three months of the filing date.

• Power of Attorney requirements

Currently, the legislation of the EUIPO does not require submitting a Power of Attorney when filing a Community Design application.

• Examination of a Community Design application

Community Design applications are checked for formalities and registability of the design; in particular, the Office finds whether the design represents the appearance of the whole or part of a product and whether the design is not contrary to public policy or morality.

• Novelty grace period

The disclosure of information about the design does not disprove its novelty if the information about the industrial design is disclosed by the designer or a person, who directly or indirectly received this information from the designer, within 12 months from the date of filing, or if priority is claimed, from the priority date.

• Registration, validity term and renewal

If the application for a Community Design satisfies all requirements for registration, it will normally be registered within ten working days. Registered Community Designs are published in the Community Designs Bulletin. A registration certificate is issued online after the registered Community Design has been published in full. The validity term of a Community Design is five years from the filing date. This term is renewable for 5-year periods up to the total term of 25 years.

• Representation by a patent attorney

It is not obligatory for the EU residents to be represented before the EUIPO for Community Design registration. Applicants outside EU must appoint an agent, patent attorney that is registered with any EU member state.

•  Note

Online Search Database for Community Designs (EUIPO).

Brief summary is based on the information provided by MSP Europe, UAB. on 09/02/2018
Please contact us if the above information contains any discrepancies with EUIPO IP Laws