A product's appearance often creates the first impression in a new market. Because design influences brand identity and purchasing decisions, businesses need to consider how to protect it.
The European Union (EU) operates a European design scheme that allows for the same effect across 27 member states with just one application. This system can be an efficient and powerful means of securing rights for companies preparing to enter the global market. However, in order to take full advantage of the system, it is necessary to understand the application process and its practical significance.
In this article, we will summarize from a practical point of view, from the basic concept of a European design application in the form of a Q&A, to what you should be careful when applying in practice.
What is a European Design Application?
A European design application is a system that allows for design protection across the EU’s 27 member states at the same time. There is no need for individual filings by country, so it is possible to save time and money efficiently.
It was formerly known as Registered Community Design (RCD), but is now known as EU Design. The digital environment is also constantly changing. Digital visual elements such as user interfaces (UIs) and icons, for example, are also widely recognized as protection targets.
For companies that need to be proactive in this rapidly changing global market, EU design applications are a critical intellectual property strategy.
What is the difference between registered and unregistered designs?
There are two ways in the EU design system: registered and unregistered design.
Registration design is subject to application and registration procedures and can be protected for up to 25 years. The scope of the rights is clear and there is an advantage that active rights can be exercised in the event of an infringement.
Unregistered design, on the other hand, is an automatic right when a product is first released in the EU. There is no need for a separate filing process or cost, but the protection period is only three years from the date of publication and there are limitations to the exercise of rights.
An unregistered EU design protects against copying; independently created designs do not infringe on that basis. A registered EU design does not require proof that the defendant copied it.
Therefore, fashion and trend products that are fast-changing can be protected at a certain level by unregistered design alone. However, if you need long-term protection or if you are considering business use, such as licensing, etc., then registration design can be a more suitable choice.
How does the European design process work?
The European design application process is relatively simple.
Applicants can submit an application through the EUIPO online system, attach a drawing or photo file, and pay a fee. After that, the type requirements will be assessed, and since we do not conduct a deep assessment of novelty or creativity like a patent, it is possible to register within about one month.
What should I pay attention to when preparing my application?
One of the most important elements in European design applications is drawings or images. Because the submitted image itself determines the scope of the rights.
Therefore, high-resolution images must be used, and various angles such as front, rear, and side of the product must be expressed consistently. Different shapes, proportions, and descriptions may be problematic during the registration process, and there is a risk that the scope of the rights will be narrowly interpreted after registration.
Multiple designs can be included in one EU design application. Since 1 May 2025, they no longer need to belong to the same Locarno class; the applicable limit and representation requirements still need to be met.
After all, in practice, the clarity of the image and the consistency of the expression are key factors in determining the strength of the design right.
What is deferment of publication?
Publication of an EU design may be deferred for up to 30 months from the filing date or, if priority is claimed, the priority date.
This allows the application to proceed first, but the design image may not be released outside of the specified period. This reduces the risk of design exposure to competitors before product launches, especially in industries where pre-launch security is important, such as fashion and IT devices.
However, since there may be certain limits to the exercise of rights during the period when disclosure is deferred, it is important to consider and use business strategies and point of protection of rights together.
What are some designs that can’t be protected?
Since the EU design framework protects the appearance of products, the form determined by purely technical functions is not subject to protection.
It is also difficult to protect the standardized geometry required for simple product-to-product bonding or compatibility. In addition, designs contrary to public policy or morality may be refused registration.
Therefore, before filing, it is necessary to fully examine whether the design is legally protected.
Does EU design protection extend to the UK?
After Brexit, the EU design right will not automatically take effect in the UK.
Existing registration designs have been transitioned to the UK's corresponding rights through a process, but new designs must be filed separately with the UK Intellectual Property Office (UKIPO).
So if the UK market is important, we need a strategy that works with EU design filings and UK filings.
What mistakes commonly arise in practice?
Common issues include:
- Disagreements between drawings
- If you lose the novelty by publishing the product first.
- Delaying foreign filings in the mistaken belief that domestic rights protect the design abroad
- Lack of explanation leads to excessive narrowing of rights
To prevent these problems, it is important to have an application strategy from the pre-product release and to systematically prepare drawings and scope of rights.
A European design application is a highly efficient system for securing a wide range of rights across the EU in one procedure. Especially for companies that are ready to enter the global market, they need to be leveraged as a key means of design protection strategy.
However, there are many practical factors to consider, such as drawing preparation, disclosure timing, selection of registered and unregistered designs, and UK response strategies, so systematic preparation is important from the early stages.
As product design is a competitive age for brands, prioritizing design rights before entering the market can help ensure stable business operations and competitiveness.
This article reflects the information available when it was published. Contact us to discuss your circumstances.