Registering a design in the EU

Last updated: December 2004

Applications are filed at the Community Designs Office, known as OHIM (Office for Harmonisation in the Internal Market). A Community Design Registration covers all 25 member states of the European Union. The Community Design System runs parallel to the Design Legislation of each national EU member state.

A registered Community Design is a monopoly right for the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and materials of the product or its ornamentation.

To be registrable a design must be new and have individual character. To be new, the design is required to differ from known designs by more than "immaterial details". To have individual character a design must create a different overall impression on an informed user. Although a design application can be filed up to one year after the design has been made public; it is preferable that a design application is filed as soon as the design is created.

A Community Design Registration can last up to 25 years (the Registration has to be renewed each five years within the 25 year period).

Member states of the European Union:

• Austria
• Belguim
• Bulgaria
• Czech Republic
• Cyprus
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Italy
• Latvia
• Lithuania
• Luxembourg
• Malta
• The Netherlands
• Poland
• Portugal
• Slovak Republic
• Slovenia
• Spain
• Sweden
• Republic of Ireland
• Romania
• United Kingdom

Information required to file application:

• Full name and address of applicant
• Country and state, if appropriate, of incorporation of the applicant
• Name and address of designer
• Good representation of the design including views
• Indication of the product to which the design is applied
• Details of application on which Convention Priority is to be claimed, if any.

Our services

Pinsent Masons has a dedicated Trade Marks & Designs Team which consists of qualified Design Attorneys. We can file and prosecute design applications across the globe.