Phase I of the changes brought in by the European Union Design Regulation took effect on 1 May 2025.

These changes include:

New terminology: Registered Community designs (RCDs) are now called registered EU designs (REUDs).

Fees: There is now a single fee for registration and publication. The fee for each extra design in a multiple application is €125. Renewal fees increase, with the fee depending on the date of receipt of the renewal request.

Definitions: The definition of “design” has been broadened to include animation, movement and transition. The definition of “product” has been revised to include non-physical items such as digital creations, including graphic works, logos, user interfaces and other non-physical forms.

Filing and examination: Centralised REUD filing is now mandatory and a fee is required to establish a filing date. The unity of class requirement for multiple design applications has been abolished.

New exclusive rights and limitations: The exclusive rights granted by a design registration extend to 3D printing. Two limitations have been introduced relating to (1) the identification or referencing of a product by design rightsholders and (2) acts of commentary, critique or parody.

Design symbol: REUD holders can now mark their products with the design notice (pictured above).

Repair clause: Design protection will not apply to component parts of a complex product used to restore a complex product’s original appearance. This exception applies exclusively to component parts used for repair purposes.

Phase II of the reforms comes into effect on 1 July 2026 and includes changes to the design representation regime.

Read more about the reform on EUIPO’s website.

MARQUES has filed a response to the design survey launched by the UK Intellectual Property Office (UK IPO). The survey is a precursor to a Design Consultation which will take place this summer.

The response was prepared by a sub-team of the MARQUES Designs Team, the Corporate Focus Group and the Executive with the support of the secretariat

The MARQUES response included the following points:

• The need for EU-UK harmonization remains great to reduce unnecessary complexity, uncertainty and costs for businesses.
• MARQUES strongly recommends aligning the UK design deferment period with the EU's 30-month term, rather than maintaining the current 12-month UK period.
• MARQUES sees a number of clearly invalid designs being registered, which might disrupt the market and unfairly limit competition.
• MARQUES strongly supports the creation of an expedited invalidity proceedings for straightforward cases, or when there is evidence of bad faith.
• MARQUES does not consider the introduction of an opposition period for registered designs to be appropriate.
• MARQUES supports the establishment of clear rules regarding design rights for 3D-printed products to protect against unauthorized reproduction.
• MARQUES supports comprehensive protection for Graphical User Interfaces (GUIs), animated designs, icons and other digital design elements, regardless of their technical means of creation or display method.
• MARQUES does not support extending criminal sanctions to unregistered design infringement cases.

In addition to filing this response, the MARQUES Designs Team encouraged Corporate Members to respond to the survey directly.  

The survey deadline was 1 April 2025. The UK IPO is not expected to publish a response to the survey but it should inform the consultation.

The MARQUES Designs Team is planning a response to the forthcoming consultation and will share further updates with MARQUES members in due course.

For more information, please one of the UK consultation sub-team of the MARQUES Designs Team: Inga George, Sally Britton, Philippa Bailey, John Coldham or Serena Totino.

The UK Intellectual Property Office (UK IPO) is currently conducting a Designs Review Survey on the priorities that will shape the UK’s evolving system for protecting designs. The deadline to respond is next Tuesday 1 April 2025.

The Survey is designed to obtain views on the overarching principles for the UK designs system, and also input into the definition of a ‘design’, given increasing focus on digital and sensory experiences.

The MARQUES Designs Team strongly encourages all corporate members of MARQUES to respond to the Survey. Although the results will not be formally published, they will be crucial in informing the UK IPO’s consultation on the future of design protection in the UK, due to take place this summer.

For more information or any questions please contact the UK private practice members of the MARQUES Designs Team: Sally Britton (sally.britton@mishcon.com), John Coldham (john.coldham@gowlingwlg.com) and/or Serena Totino (serena.totino@klgates.com).

The MARQUES Copyright Team has produced the first two in a series of short videos on copyright.

Each video is a minute or two long and features various members of the Team discussing an aspect of copyright.

The first video addresses the question “Why have a Copyright Team?” and the second covers “Common Misconceptions”.

The video series has been produced by the Team and the MARQUES Secretariat to help brand owners understand the key principles of copyright law and address questions that often arise.

The videos are short, direct and optimised for social media.

MARQUES will be sharing all the videos on Instagram, Facebook, LinkedIn and X. You can also view them on the MARQUES website here.

EUIPO is hosting a webinar titled “Unpacking the details of the Designs legislative reform: what's new and what's next?” on Tuesday 4 February 2025 from 10.00-11.00 CET.

The EU design legislative reform package was published in the Official Journal of the EU on 18 November 2024. This is the first major legislative update since the EU design system was introduced in 2003.

During the webinar, speakers will discuss the reform and its practical implications for design protection in the EU, with examples of what the changes mean for designers, examiners and practitioners.

EUIPO says the webinar will focus on “the near future” including amendments in the initial phase of the reform, which apply from 1 May 2025. It will also look at the changes to be developed through secondary legislation which will apply from 1 July 2026.

Class 99 readers interested in the webinar can sign up via this registration link on the EUIPO website. The webinar will be held on Zoom and there is no fee.

You may also be interested in the latest episode of the Talking MARQUES podcast, which features members of the MARQUES Designs Team talking about the design reform and other issues.

Picture sent by EUIPO

The EUIPO received 123,164 registered Community design (RCD) applications in 2024, a 6.2% increase compared to 2023. This is the highest number of RCD filings ever.

About 45% of applications came from EU Member States. Germany accounted for nearly 15% RCDs in 2024, followed by Italy (12%), France (4.4%), Poland (3.9%), the Netherlands (3.2%) and Spain (3%).

However, China accounted for almost 27% of design filings, the USA 8.4%, Switzerland 3.3% and the UK 3.1%.

Filings from China were up almost 24% compared to 2023. Filings from Germany, Switzerland and the Netherlands also grew at double-digit rates in 2024.

The number of design filings examined by EUIPO increased by 7.5% in 2024.

The data were published on LinkedIn by EUIPO Director João Negrão.

“I wish to acknowledge the positive dynamic showed by innovative business in the EU and worldwide in 2024, as well as thank all our users for the trust they have placed, once again, in the EUIPO,” said Mr Negrão.

He added: “We look forward continuing to cooperate closely with all our stakeholders and strategic partners in contributing to further support competitiveness and innovation-driven economic growth.”

Picture supplied by EUIPO.

Read about EUTM trends in 2024 on the Class 46 blog here.

The next MARQUES Meet the Judges event takes place in Rome, Italy on Thursday 30 January 2025.

The event will be a roundtable discussion with eminent Italian judges, representatives of the Italian Patent and Trade Mark Office, members of the Italian and EUIPO Boards of Appeal and industry representatives. It will be held in Italian.

Places are filling up, but there are still some available - so act now if you would like to take part!

The following judges and officials are already confirmed to participate:

• Hon. Paolo CATALLOZZI - Supreme Court of Cassation, First Civil Section
• Hon. Elisa FAZZINI - Court of Appeal, Milan, First Civil Section
• Hon. Silvia VITRÓ - President of the Court of Enterprises, Turin
• Avv. Prof. Gustavo OLIVIERI - Full Professor of Commercial Law, LUISS University, Rome, and Member of the Italian Board of the Appeals against the decisions of the Italian Patent and Trademark Office
• Avv. Cinzia NEGRO - Member of the 2nd and 3rd Boards of Appeal, Boards of Appeal, European Union Intellectual Property Office – EUIPO

Other moderators and speakers include: Avv. Vittorio Cerulli Irelli, Avv. Elisa Vittone, Avv. Flavia Tamburrini, Avv. Lorella Cipriani (BOTTEGA VENETA), Avv. Laurence Morel-Chevillet (BULGARI) and Dr. Andrea Chianura (LAVAZZA).

The meeting starts with a Buffet Lunch at 12.00 and concludes with a Drinks Reception at 18.30.

Topics covered in the discussion will include: proof of use, protection of well-known trade marks, including heritage brands, showing reputation and acquired distinctiveness through market surveys, patronymic trade marks, how to deal with gaps between market realities and the restrictive examination practices for non-conventional signs as trade marks.

The programme will also offer participants the chance to enjoy a special theatrical performance on “The Trials of Oscar Wilde”, written by Merlin Holland and John O’Connor.

This event will be conducted in Italian and will be held at the OFF/OFF Theatre, Via Giulia 20, Rome. Registration is €325 (MARQUES members) or €450 (non-members). For more information, and to reserve your place, please visit the dedicated page on the MARQUES website.

Photo of OFF/OFF Theatre from the theatre’s website