In October 2024, the EU approved a comprehensive reform of European design law. The previous Community Design Regulation (CDR) has been replaced by the new Regulation on Union Designs (UDR). Additionally, the previous Design Directive has been revised. EU member states must first, however, implement these new regulations for the changes to take effect. The primary objective of this reform is to align EU design law with the demands of the digital age, render design registrations more cost-effective - particularly for medium-sized and smaller enterprises—and simplify the registration process for designs.
The EU has established a structured roadmap for the implementation of the UDR, which is divided into two distinct phases:
Design applications may now only be submitted to the European Union Intellectual Property Office (EUIPO) and can no longer be filed through national offices. Key points include:
The acknowledgment of a filing date is essential for the protection of a design, as it establishes protection against subsequent designs or models.
The previous "one-class" requirement articulated in Art. 37(1) CDR is now eliminated in the amended version of Art. 37(1) UDR. Consequently, Applicants can now submit multiple applications for designs spanning different Locarno classes. This modification enables Applicants with designs across various Locarno classes to benefit from the EUIPO’s advantageous fee structure for multiple design submissions.
As a result of this, the EU legislator has introduced a cap of a maximum of 50 designs within a single multiple application (Art. 37(1) UDR). In comparison: the Hague Agreement governing international multiples applications allows for a maximum of 100 designs.
The scope of design protection has been broadened by the UDR provisions as of May 1, 2025. Through a redefinition of the term "design," the EU has legally established that dynamic and fluid design features, such as animated designs, are indeed protectable. This brings the legislation into line with the previous practices of the EUIPO.
The new design law offers more effective safeguards against emerging forms of infringement. For example, the holder of a design may now take action against vendors providing software used to create infringing 3D prints (Art. 19(1)(d) UDR).
In the same manner as for Union trademarks, design holders can now also stop the transit of infringing products through EU territory and their movement in all customs situations — even if they are not intended for the EU market (Art. 19(3) UDR).
The registered Union design now allows its holder to mark the design with a D- symbol, i.e., a “D in a circle”. This registration symbol is comparable to the ® symbol known from trademark law, raising awareness among third parties regarding existing rights.
As of May 1, 2025, a new fee structure is in force, this partially consolidating individual fees while also introducing flat fees. A comprehensive overview of the new fee framework is available through the EUIPO.
Should you have any inquiries pertaining to the new EU design law, the trademark and design law team at Meissner Bolte would be pleased to assist you.
