The Reform of European Union Design Law and the EUIPO Fee Architecture
The entry into force, on 1 May 2025, of the first implementation phase of the European Union design law reform marks one of the most consequential recalibrations of the EU design protection system since the inception of the Community design regime. Enacted through Regulation (EU) 2024/2822 and operationalised via the 2025 edition of the EUIPO Guidelines for the Examination of Registered EU Designs, the reform reshapes not only the conceptual underpinnings of design protection but also the procedural mechanics and economic structure governing registration, maintenance, and enforcement before the European Union Intellectual Property Office (EUIPO).
This legislative intervention responds to long-standing structural inefficiencies, technological developments affecting design creation and exploitation, and the need for greater alignment with other EU intellectual property regimes. At its core, the reform seeks to deliver a modernised, unitary and economically rational framework capable of accommodating both traditional industrial designs and emerging digital manifestations, while ensuring legal certainty for rights holders and practitioners alike.
Conceptual and Terminological Reorientation of EU Design Protection
One of the most visible, yet legally significant, aspects of the reform lies in its systematic terminological overhaul. The historical reference to “Community designs” has been abandoned in favour of a coherent and contemporary nomenclature aligned with the broader architecture of EU intellectual property law. Accordingly, the Registered Community Design (RCD) is now designated as the Registered European Union Design (REUD), and the former Community Design Regulation has been recast as the European Union Design Regulation (EUDR).
This reorientation transcends mere semantic adjustment. It reflects a deliberate effort to eliminate residual conceptual fragmentation and to reinforce the autonomous, supranational character of EU design rights. By aligning design terminology with that applicable to EU trade marks and other unitary IP rights, the legislature has enhanced systemic coherence and reduced interpretative ambiguity, particularly in cross-referencing and enforcement contexts.
Centralisation of Filing and the Rationalisation of Registration Formalities
The reform introduces a decisive centralisation of filing procedures by abolishing the possibility of submitting EU design applications through national intellectual property offices. As of 1 May 2025, all applications for Registered EU Designs must be filed directly with the EUIPO. This development consolidates the Office’s exclusive jurisdiction over the registration process and eliminates procedural asymmetries that previously characterised the system.
In parallel, legacy mechanisms that had become misaligned with contemporary practice, such as the filing of physical specimens to secure an earlier filing date, have been removed. Under the revised framework, the filing date is now contingent upon the timely payment of the application fee within the prescribed period, reinforcing procedural discipline and aligning design practice with the principles already familiar from EU trade mark law.
Multiple Design Applications and the Abolition of the Unity-of-Class Requirement
A further structural innovation concerns the treatment of multiple design applications. The reform abolishes the long-standing requirement that all designs included in a multiple application belong to the same Locarno class. Applicants may now include up to fifty designs in a single multiple application, irrespective of classification.
This modification significantly enhances portfolio management flexibility for commercial actors, particularly those operating across diversified product lines. It also reduces administrative redundancy and transactional costs, while preserving the EUIPO’s ability to manage examination efficiently through an upper numerical threshold.
The Reconfigured EUIPO Fee Structure for Design Registration
Perhaps the most commercially impactful dimension of the reform is the comprehensive restructuring of the EUIPO fee regime applicable to Registered EU Designs. The previous system, characterised by a fragmentation of application, registration and publication fees, has been replaced with a simplified and consolidated structure designed to enhance transparency and predictability.
Under the new framework, the filing of a single Registered EU Design is subject to a basic application fee of EUR 350. In the context of multiple applications, each additional design from the second to the fiftieth attracts a flat fee of EUR 125 per design, irrespective of classification or order of inclusion. This uniform pricing replaces the former tiered fee system, which progressively increased costs for larger filings and was frequently criticised for its complexity.
By contrast, certain ancillary fees have been eliminated altogether, including fees for the cancellation or modification of licences and rights in rem, as well as various administrative surcharges that previously applied to procedural irregularities. The result is a more streamlined and intelligible cost structure for applicants and their advisers.
It is important to note that international registrations designating the European Union under the Hague System remain subject to a distinct fee regime. In that context, a uniform designation fee of EUR 62 per design continues to apply, preserving the relative cost-efficiency of international filings vis-à-vis direct EUIPO applications.
Renewal Fees and the Recalibration of Long-Term Design Protection Costs
The most pronounced financial recalibration introduced by the reform concerns renewal fees. While the maximum duration of protection for a Registered EU Design remains unchanged at twenty-five years, renewable in five-year increments, the cost of maintaining protection has increased substantially at each renewal stage.
For renewals filed on or after 1 May 2025, the applicable fees per design are as follows: EUR 150 for the first renewal period (years 6–10), EUR 250 for the second (years 11–15), EUR 400 for the third (years 16–20), and EUR 700 for the fourth and final renewal period (years 21–25). These figures represent a marked departure from the previous regime and reflect a policy choice to align renewal costs more closely with the presumed commercial value of mature design assets.
The computation of renewal periods has likewise been harmonised with EU trade mark practice. Renewals must be requested within the six-month period preceding the date of expiry, with a further six-month grace period available subject to the payment of a surcharge amounting to twenty-five per cent of the renewal fee due.
Notably, international registrations designating the EU continue to benefit from significantly lower renewal fees under the Hague System, which remain fixed at EUR 62 per design per renewal, thereby introducing a strategic cost differential that rights holders may wish to consider when structuring their filing strategies.
Substantive Developments and the Expansion of Protectable Subject Matter
Beyond procedural and financial considerations, the reform lays the groundwork for a substantive expansion of the scope of design protection. The definition of a “design” has been updated to explicitly accommodate dynamic, animated and non-physical products, including digital interfaces and virtual objects. Although the full practical implementation of these innovations is expected to be completed in a subsequent phase of the reform, the legal foundation for protecting such subject matter is now firmly established.
The reform further introduces a voluntary registration symbol Ⓓ which may be affixed to products to signal the existence of a registered EU design. While the symbol does not confer additional legal rights, it serves an important evidentiary and deterrent function by enhancing market transparency and awareness.
Implications for Practice and Strategic Portfolio Management
From a practitioner’s perspective, the reformed design regime necessitates a reassessment of filing and renewal strategies. The increased renewal fees create a tangible incentive to critically evaluate the ongoing commercial relevance of older designs, while the simplified multiple application framework encourages the consolidation of filings where appropriate.
At the same time, the enhanced procedural clarity and terminological precision introduced by the reform reduce legal risk and improve enforceability, provided that applicants and advisers remain attentive to transitional provisions and guideline updates.
The 2025 reform of European Union design law represents a comprehensive and forward-looking recalibration of the EU design protection system. By modernising terminology, centralising procedures, simplifying application fees and recalibrating renewal costs, the legislature has sought to balance accessibility with economic discipline, and innovation with legal certainty.
For rights holders and practitioners operating in an increasingly design-driven economy, the new framework offers both opportunities and challenges. Its successful navigation will depend on a nuanced understanding of the revised fee architecture, procedural requirements and strategic implications embedded within this newly configured EUIPO design regime.
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