What Is a Design and How Can a Registration Certificate Be Obtained?

In an economic environment dominated by visual innovation, aesthetic differentiation, and accelerated production cycles, the design of a product has become more than a mere matter of form—it constitutes an essential element of a business’s commercial identity. In today’s image-driven economy, the success of a product often depends on the visual impression it creates on consumers, an impression shaped by a subtle combination of lines, proportions, colours, and textures.

A well-conceived design is not simply the outcome of artistic creativity; it is also a strategic instrument for market positioning. Through design, consumers recognise the brand, associate it with values such as elegance, modernity, or reliability, and develop a form of visual loyalty. In this context, the protection of design becomes both an economic and a legal imperative, preventing imitation and ensuring the exclusivity of commercial exploitation.

Design protection is not an aesthetic privilege but a guarantee of fair competition. It provides the creator with recognition, legal certainty, and control over how the visual appearance of their product is reproduced or used by third parties.

What Is a Design?

From a legal perspective, the concept of a “design” is governed by Council Regulation (EC) No. 6/2002 on Community Designs, which establishes a uniform legal framework for the protection of designs throughout the European Union.

Under this Regulation, a design is defined as the appearance of the whole or a part of a product resulting from features such as lines, contours, colours, shape, texture, or materials of the product itself and/or its ornamentation. In the case of digital products—such as mobile applications, graphical user interfaces, or electronic displays—protection may also extend to visual transitions, animations, or the movement of interface elements.

It is important to note that protection by design does not extend to the technical function of a product. Elements of design dictated solely by technical necessity are not eligible for protection. For example, the shape of a key designed exclusively to fit a specific lock cannot be protected as a design, as it reflects a technical constraint rather than an aesthetic choice.

Design protection thus focuses on form and visual impression, that is, the way the product appears to the human eye. In this context, design constitutes a visual legal language, translated into exclusive rights enforceable against imitators.

Why Registering a Design in the European Union Is Essential

Although EU law also recognises an unregistered Community design right, valid for three years from the date of first disclosure, the registered design affords a significantly stronger and more certain level of protection.

Unitary and Pan-European Protection
By filing a single application with the European Union Intellectual Property Office (EUIPO), a proprietor secures protection across all 27 EU Member States without the need for separate national filings. This protection is unitary and uniform, meaning the right has equal effect throughout the Union and is automatically recognised by all national courts.

Effective Protection Against Infringement
In a globalised economy, where products and information circulate rapidly, innovative designs are frequently copied. Registration provides the legal basis to initiate proceedings against any unauthorised reproduction, including the seizure and removal of infringing goods from the market, and the recovery of damages for the harm caused.

Creation of a Commercial Asset
A protected design forms part of a company’s intellectual property portfolio. It may be licensed, assigned, used as security, or included in commercial agreements. Intellectual property assets frequently determine a company’s market value; therefore, registration is not merely a defensive measure but also a strategic investment.

Long-Term Protection at a Modest Cost
A Registered Community Design (RCD) enjoys protection for an initial period of five years from the filing date, renewable in five-year increments up to a maximum of 25 years. Considering the geographic scope and legal certainty provided, the costs are relatively modest, starting at EUR 350 for the first design.

Procedural Simplicity and Flexibility
The procedure is centralised and efficient: a single application, filed in one language, secures protection across the EU. Applicants may include up to 50 different designs in the same application, benefiting from substantial fee reductions.

Obtaining Protection for a Community Design

The first step is defining the commercial objective. If the product targets only a national market, a national application may suffice. For products intended for multiple Member States, or where international expansion is anticipated, the most efficient route is a single application filed with EUIPO.

Companies seeking protection outside the EU may utilise the Hague International Design System, administered by the World Intellectual Property Organization (WIPO), which allows simultaneous protection in multiple jurisdictions, including the EU.

Conditions for Registration: Novelty and Individual Character

To be registrable, a design must be new and possess individual character.

Novelty requires that no identical design has been made available to the public before the filing date. Even minimal prior disclosure—online posts, exhibitions, or catalogues—can destroy novelty. The timing of the application is therefore critical.

Individual character is assessed by the overall impression the design produces on the informed user, a legal construct between the average consumer and the technical expert. If the overall impression differs from that of earlier designs, the requirement is met.

Moreover, a design must not be contrary to public policy or accepted standards of morality, a criterion particularly relevant in fashion or artistic products.

Graphic Representation – The Key to Protection

The graphic representation forms the central part of the application, defining the scope of protection. Any ambiguity may limit the rights obtained.

Images must be clear, displayed against a neutral background, and free from text, symbols, or measurements. Up to seven main views (e.g., front, back, side, perspective) may be submitted and will be protected. An additional three views may be included for illustrative purposes but do not confer legal protection.

Parts of the product that are to be excluded from protection (e.g., functional components) should be indicated with dotted lines, shading, or contrasting colouring.

For two-dimensional designs, such as ornamental patterns or graphics, only the design itself is represented, without reference to the product to which it is applied.

Product Indication and the Locarno Classification

Each application must include an indication of the product to which the design applies. This serves administrative purposes, aiding identification and searchability within the EU design database. Products are classified according to the Locarno Classification, an international system adopted by all industrial property offices.

For example, footwear is classified differently from furniture or food packaging. The product indication does not affect the scope of protection but promotes transparency within the system.

Filing the Application with EUIPO

Applications are filed online via the EUIPO platform, in one of the EU’s official languages. The filing fee is EUR 350 for the first design; for multiple designs, the fee is EUR 125 per additional design.

Applicants may request deferred publication for up to 30 months, allowing them to complete their market launch strategy while maintaining confidentiality over the product’s appearance. Additional fees apply (EUR 40 for the first design, EUR 20 for each additional one).

Examination, Publication, and Certification

EUIPO conducts a formal examination, ensuring compliance with representation requirements and completeness of information. No substantive examination of novelty or individual character is carried out; these can be contested in invalidity proceedings.

Once accepted, the design is published in the EU Design Database, and the applicant receives the official registration certificate, valid throughout the EU.

SME Fund – Financial Support for Entrepreneurs

The EU has established the SME Fund, administered by EUIPO, to support innovation and access to intellectual property tools. Eligible SMEs may be reimbursed for up to 75% of design registration fees.

The procedure requires submission of a funding application, obtaining a voucher, filing the design application, and then requesting reimbursement. The voucher must be obtained before filing, or reimbursement will not be available.

Duration and Renewal of Protection

Registered Community Designs are initially protected for five years from the filing date and may be renewed, upon payment of the fee, up to a maximum of 25 years.

This extended period provides legal certainty and ensures that investments in design can be exploited commercially without fear of imitation.

Enforcement of Rights: Remedies and Sanctions

If a third party uses a protected design without consent, the proprietor may bring proceedings before the Community Design Courts. Remedies may include prohibition of use, withdrawal or destruction of infringing goods, and damages for material and moral prejudice.

Proprietors may also collaborate with EU customs authorities to prevent the import of infringing products. Enforcement of intellectual property rights becomes an active element of business strategy, not merely a reactive measure.

Design Protection – A Strategic Investment

In a globalised economy, where competition is not only on price but also on image, design is the visual language of innovation. Protecting that language strengthens corporate identity, safeguards investments, and secures the freedom to innovate without fear of imitation.

Registering a European design is not a bureaucratic formality but a strategic decision conferring security, credibility, and commercial value. The EUIPO unitary system provides rapid, simple, and cost-effective access to comprehensive protection throughout the EU, equipping creators and entrepreneurs to transform creativity into value.

Ultimately, to protect a design is to protect the idea, image, and reputation that make a product unique. In an economy driven by originality and visual recognition, such protection is not a luxury but a prerequisite for long-term survival.

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