Registered Community Design

Your Easy Guide to Protecting Designs in the European Union

In the world of intellectual property, a product’s “design” refers to its look and feel rather than its technical details. Securing these designs is crucial, and our guide focuses on registering your design in the European Union (EU) with the help of our professional services.

What is a Registered Community Design?

A Registered Community Design (RCD) is a unitary industrial design right that covers the whole EU. It grants the owner the exclusive right to use and prevent others from using a design that meets the requirements of novelty and individual character. A design can be any sign that distinguishes your product or service from those of others, such as its shape, color, texture, or material.

How to Obtain a Registered Community Design?

If you want to protect your design in the EU, you need to register it with the European Union Intellectual Property Office (EUIPO) in Alicante, Spain. The registration process is simple, fast, and affordable. You can file an application online in any of the 23 official languages of the EU. You will also need to provide visual representations of your design and pay the corresponding fees.

Before you file your application, you should ensure that your design is novel and possesses individual character compared to publicly available designs before your filing date. You can also benefit from a 12-month grace period for disclosures made by the designer, excluding independent disclosures. Additionally, you can rely on safeguard clauses that disregard prior disclosures that couldn’t have become known in the European Economic Area (EEA).

Some designs may not be eligible for registration, such as complex products with invisible components, features dictated by technical function or required for connection, or designs incorporating protected emblems, like Olympic symbols.

How to Protect and Exploit Your Registered Community Design?

Once your design is registered, you will receive a registration certificate in electronic form. The registration of your design will be valid for five years from the date of filing, and you can renew it for further periods of five years up to a maximum of 25 years.

By registering your design with the EUIPO, you will benefit from a high level of protection and enforcement in the EU. You will be able to prevent others from making, offering, putting on the market, importing, exporting, or using a product that incorporates your design or a design that does not produce a different overall impression on the informed user. You will also be able to take action against infringers in the national courts of the EU Member States, or request customs authorities to detain suspected counterfeit goods at the EU border.

Moreover, you will be able to exploit your design by using it for your own business purposes or by licensing it to others, creating new sources of income and value. You can also file corresponding applications worldwide within six months of your filing date in the EU, establishing a priority date for your design.

How to Get Professional Assistance with Your Registered Community Design?

If you need professional assistance with the registration, protection, or exploitation of your design, you can contact us.
We are a team of experienced lawyers specialized in intellectual property law. We can help you with the following services:

Conducting a prior art search to assess the novelty and individual character of your design
Preparing and filing your application with the EUIPO
Monitoring the examination and registration process and keeping you informed of any developments
Renewing your registration and paying the renewal fees
Advising you on the best strategy to protect and exploit your design in the EU and beyond
Representing you in case of opposition, invalidity, or infringement proceedings

We offer competitive prices and personalized service.

Are you wondering how to protect your brand’s identity and distinctiveness in the market? Get a comprehensive trade mark and community design evaluation and a free quote from our experienced legal experts. Contact us today to start the registration journey for your brand.