ARTICLE
25 April 2025

Procedural Changes To Registered European Union Designs

JA
J A Kemp LLP

Contributor

J A Kemp is a leading firm of European Patent and Trade Mark Attorneys. We combine independent thinking with collective excellence in all that we do. The technical and legal knowledge that we apply to the protection of our clients’ patents is outstanding in its breadth and depth. With around 100 science and technology graduates in the firm, including 50 PhDs, no area of science or technology is outside our scope. Our Patent Attorneys have collective in-depth expertise in patent law and procedure in every country of the world. The team of professionals who advise our clients on trade mark and design matters have backgrounds in major international law firms and hold qualifications as Chartered UK Trade Mark Attorneys, Solicitors and European Trade Mark Professional Representatives. Dedicated to this specialist area of intellectual property protection, the team has the expertise and resources to protect trade marks and designs in any market worldwide.
The EU IPO commences phase I of its procedural changes to the (now called) Registered European Union Design (REUD) system on 1 May 2025...
United States Intellectual Property

The EU IPO commences phase I of its procedural changes to the (now called) Registered European Union Design (REUD) system on 1 May 2025, following the introduction of the European Design Regulation (Amending Regulation 2024/2822). This introduces some notable (but not yet fundamental; these come in phase II on 1 July 2026) changes to the prosecution of design applications before the EUIPO. We summarise these below:

  • Multiple design Applications – unity of class and official fees

Applicants will be able to include up to 50 designs in a multiple design application and will no longer be restricted by the requirement for 'unity of class'. Designs for different products, proper to any Locarno class, can be included in the same application.

Fees for each additional design included in a multiple application are Euro 125. Whilst this will result in a saving for designs 2-10, designs 11-50 see an increase from the former fee structure.

  • Registration & Publication – official fees and deferment

The registration and publication fees are now merged into one fee of Euro 350 (1st design) and Euro 125 (each additional), paid at filing.

If deferment of publication is required, there is an additional fee of Euro 40 for the 1st design and Euro 20 for each additional design in a multiple application, paid at filing. Publication is then automatic at the end of the 30-month deferment period (from the filing date or priority date, if there is one), unless the Applicant requests publication in advance. Should the Applicant not wish the design application to be published, the REUD must be actively surrendered*. The deadline to actively surrender, to be sure there is no publication, is 27 months (from filing or the date of priority, if there is one).

*does not apply to applications filed before 1 May 2025, where the old regime still applies.

  • Renewals – fees and renewal period

REUDs will expire on the day of the relevant 5-year anniversary from the filing date, and not at the end of the month on which the anniversary fell (as before). Official renewal fees have increased significantly and are now payable per design*:

Euro 150 after 5 years

Euro 250 after 10 years

Euro 400 after 15 years

Euro 700 after 20 years

*for designs due for renewal up to 31 October 2025, if renewed before 1 May 2025, the old (lower) fees will apply.

  • Registrable transactions

The fees for recording a registrable transaction (transfer, licence, security interest etc.) have been abolished.

Comment

We have implemented changes to our procedures and fee structure to deal with these changes. We will also ensure that applications filed under the 'old regime', where the old procedures will continue to apply, will follow the old procedures until they become fully redundant in due course. Our clients can be assured that we will remind them when publication needs to be requested or, where required, of the option to actively surrender a design application to avoid automatic publication.

J A Kemp LLP acts for clients in the USA, Europe and globally, advising on UK and European patent practice and representing them before the European Patent Office, UKIPO and Unified Patent Court. We have in-depth expertise in a wide range of technologies, including Biotech and Life Sciences, Pharmaceuticals, Software and IT, Chemistry, Electronics and Engineering and many others. See our website to find out more.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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