Important information

Important changes to the EU Design Regulation from May 1, 2025

From May 1, 2025, a new regulation for EU designs will come into force, which will bring significant changes in terms of registration, protection and the fee structure. As your reliable partner in the field of intellectual property, we would like to inform you about the most important changes so that you can adapt your design strategy accordingly.

1. Terminology

Registered Community Designs (RCDs) will now be known as Registered EU Designs (REUDs) and Unregistered Community Designs (UCDs) will be known as Unregistered EU Designs (UEUDs). This follows a similar change many years ago to the name of Community trademarks (CTMs) - now EU trade marks (EUTMs).

Furthermore, holders of REUDs will be allowed to use the newly created symbol Ⓓ, which is similar to ® for trademarks and © for copyright. This will indicate to third parties that the relevant products are protected as designs.

2. Multiple applications also across classes

Another important point of the new regulation is the introduction of a simplified application procedure for multiple applications. From May 2025, design can now be combined in a multiple application even if they fall into different Locarno classes.

3. Introduction of a new fee structure

One particularly relevant aspect concerns the changed fees associated with the application and renewal of designs. From May 1, 2025, a staggered fee system will be introduced:

• Application fees: The basic fee for registering a design remains largely unchanged. However, in future, the fees for publication will be charged at the time of filing the application.
• Renewal fees: The fees for the renewal of a registered design have also been adjusted. The fees for an extension of the term of protection now increase as the term of protection progresses and have been increased overall.
  We recommend that EU design holders renew their designs before 1 May 2025, to benefit from the current lower renewal fees.
  
  EUR 90 to EUR 150 for first renewal
  EUR 120 to EUR 250 for second renewal
  EUR 150 to EUR 400 for third renewal
  EUR 180 to EUR 700 for the final fourth renewal.
  
  The applicable renewal fee will be calculated based on the date of filing the renewal request.

• Fees for transfer: Fees for transfer (assignment) of EU designs and for cancellation of a license will be abolished.

4. Extension of design protection to the digital world

A further step in the new regulation concerns the extended protection of digital designs. From May 2025, the scope of protection for designs that are used digitally (e.g. in software, user interfaces or animations) will be extended. This offers improved protection for companies that are active in digital media.

5. Changes in the area of law enforcement

The new regulation also contains extended options for enforcing rights in the event of design infringements. Companies are given additional tools to combat design piracy and infringements of exclusive rights, which strengthens the legal protection and enforceability of design rights (e.g. 3D printing now constitutes an act of infringement).

What does that mean for you?

We recommend that you keep a close eye on the changes and the amended fees and review your existing design rights, especially if you wish to benefit from the extension of protection or new digital design protection areas. We are of course at your disposal to optimize your filing strategies and advise you on the adjustments and correct filing of your designs.

If you have any questions about the new regulations or how to adapt your designs, please do not hesitate to contact us. We will be happy to help you identify the best steps for you during this transition period.

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Disclaimer: The above contribution reflects the personal opinion of the author. The assessments and statements made in the article do not constitute legal advice and are provided under exclusion of any liability. If you need an assessment of an individual case, please contact the author and/or the law firm KUHNEN & WACKER.