The new Amending Regulation regarding EU design has been published, and we finally have a long-awaited date for entry into force. Several of the new amendments will apply from May 2025.
On 18 November 2024, the new EU Design Regulation, No. 2024/2822 (the Amending Regulation), and the new Design Directive, No. 2024/2823 (the Recast Directive), were finally published.
The Amending Regulation, which governs EU design registrations, has a two-phase entry into force, with the first amendments applying on 1 May 2025 (see several of them below). However, other amendments will apply from 1 July 2026, as these require secondary legislation that has not yet been adopted.
The Recast Design Directive will entail changes to the national design legislation of the EU member states; thus, the member states have up to 36 months to implement and delegate regulations of the Amending Regulation in their national legislation.
Significant changes and innovations
As of 1 May 2025, the following noticeable changes will apply to EU designs:
- The terminology will be updated – e.g. EF design will become EU design
- Updating of several definitions, including the definition of a “design” and a “product”
- Introduction of a registration symbol – the letter D in a circle, Ⓓ
- The “unity of class” requirement will be removed, i.e. the requirement for the same main classification in the Locarno Classification will be removed. This is otherwise the requirement today for combining designs in one multiple application for registered EU designs
- A maximum number of 50 designs may be combined in one multiple application for registered EU designs
- The possibility to file a physical specimen of the design is removed
- Simplification of the application fee: 1st design EUR 350, each additional design in a multiple application EUR 125
- Increase in renewal fees: 1st renewal EUR 150, 2nd renewal EUR 250, 3rd renewal EUR 400 and 4th renewal EUR 700
- The calculation of the renewal period is changed to follow the calculation for the renewal of EU trademarks
The changes that will enter into force on 1 July 2026 include:
- The number of views (images/drawings) that can be protected for each design. Today, for example, a maximum of seven (7) views (images/drawings) are permitted to be submitted to define the scope of protection, which is not always optimal
- New ways to prepare visual disclaimers and views
- Changes to options to represent a design. For example, it is expected to be possible to use computer 3D models or videos
If you have any questions or comments, or would like help with design protection, you can contact one of our experts – Trademark & Design Attorney Dagmar Bugge Isaksen, Head of Trademarks Ellen Breddam or European Trademark & Design Attorney Ida Rømer Johannesen.
