A new era for EU Design Law: What you need to know

Designs Trademarks

After years of legislative preparation and stakeholder consultation, the European Union has officially adopted a comprehensive reform of its design protection framework. The new EU design law, which came into force at the start of 2025, indicates Member States have until December 2027 to convert. It introduces both procedural simplifications and important updates to substantive law. This article outlines the most relevant changes, what they mean for rights holders, and how to prepare your design strategy moving forward.

Procedural protection: still without substantive examination

One key aspect remains unchanged: EU design law continues to grant protection without substantive examination. However, the way your design is represented in the application has become even more crucial, especially in a digital context.

Clarified scope of protection

The revised Designs Directive now makes it clear that:

The title of a design (i.e. the product it is applied to) does not affect the scope of protection;
Any descriptive text or disclaimers provided by the applicant do not limit the legal scope either;
Only the visual representation of the design matters when determining protection.

This ensures greater consistency across EU Member States.

Changes to fees and application procedures

The EUIPO’s fee structure has been revised to reduce administrative burdens, but not all costs are going down. This means:

The publication fee is abolished. You now pay a flat €350 registration fee.
For multiple applications, a standard €125 applies per additional design (from the 2nd onwards).
For 11 or more designs, the cost per design increases from €50 to €125.
Renewal fees are increasing, particularly for international registrations under the Hague Agreement.
Invalidity and appeal fees are reduced.
Some formal fees are eliminated, including those for transfers and file inspections.

For 11 or more designs, the cost per design increases from €50 to €125. Plan strategically and stay under 10 to minimize fees.

Substantive law: what’s protected (and what’s not)

The reform affirms that only visual features clearly shown in the application are protected.

What this means:

Your design’s appearance must be perceptible and clearly represented.
You may amend the design in immaterial details only. No substantial changes allowed post-registration.
Choosing the right views and level of detail is more important than ever.

New grounds for invalidation

Under Article 14(2) of the Designs Directive a design may be declared invalid if it reproduces or copies symbols or elements of cultural heritage that are of national interest in any Member State.

Spare parts & the repair clause

A long-awaited change: the repair clause is now permanently part of EU design law.

What this means:

Component parts of complex products (e.g. car bumpers, printer trays) used for repair are excluded from protection.
Designs solely for restoring the original appearance of a product cannot be enforced.

Transit ban: blocking infringements in transit

A major improvement for enforcement:

Designs infringing EU rights may now be seized during transit, even if not intended for the EU market.
This helps prevent the EU from becoming a gateway for counterfeit goods.

New design symbol

Rightsholders can now display a “D” symbol on products to indicate registered design protection, similar to the ® for trademarks.

Simplified application procedures

EU Design Reform

Simplified application procedures EU designs must now be filed exclusively at the EUIPO, with the previous requirement for multiple designs to belong to the same Locarno class removed, thus allowing up to 50 designs in a single application, regardless of classification.

What this means for you: practical examples

Design teams should collaborate closely with legal to prepare CAD-based visuals that meet new standards.
In-house counsel should audit portfolios for outdated or vulnerable registrations.
Brands with spare parts should revisit enforcement strategies, especially in automotive and electronics.
International IP holders (especially from China, India, or the US) should reassess filing tactics and cost forecasts.
Distributors and customs professionals should update internal controls to anticipate transit seizures.

Key changes at a glance

No change to non-examination rule, but stronger focus on clear visual representation
Titles and descriptions no longer define protection scope
Publication fee abolished, bulk filing fees updated
Higher renewal costs, lower appeal/invalidation fees
Spare parts excluded under new repair clause
Transit of infringing goods now prohibited
New optional “D” symbol for registered designs
Filing only via EUIPO, up to 50 designs per application

At NLO, we support clients through legal change - from portfolio audits to filing strategy, enforcement, and team training. Would you like to know how the EU Design Reform impacts your business or design portfolio? Reach out to our Trademark & Designs team.