The EU Design Reform is moving into its next crucial stage. Following Phase I – which introduced centralised filing, the abolition of the “Unity of Class” requirement, new infringement rights, and updates to fees and renewals – Phase II officially takes effect on 1 July 2026.
To implement these updates, the European Union Intellectual Property Office (EUIPO) has released the 2026 edition of the Designs Guidelines. Below is a practical guide to the most critical changes and what you must do to safeguard your intellectual property.
Terminology and legal framework alignment
The reform updates key terminology to reflect modern EU practice:
- “Community Design” is now officially referred to as a “Registered EU Design” (EUD).
- “Community Design Regulation” is now the “EUDR”.
- The legal basis: Practice is governed by the codified basic Regulation (EU) 2026/715 (EUDR), supplemented by secondary legislation under the Delegated Regulation (EU) 2026/137 (EUDDR) and Implementing Regulation (EU) 2026/138 (EUDIR).
Representation of designs: Static, dynamic, and animated
The guidelines for representing designs have been completely restructured to accommodate new digital formats under strict consistency rules:
- One type of representation per design: Applicants must choose only one representation type (static, dynamic, OR animated) per design. The representation must consistently show the same single product or part.
- Static representations: Allowed up to a maximum of 10 views per EUD (strictly one view per file) in JPEG format, either in black and white or colour.
- Dynamic representations (3D): Limited to a maximum of one file in OBJ or STL format.
- Animated representations (video): Used to show movement or transitions of design features. Limited to a maximum of one MP4 file. Videos should only be submitted if the animation itself is part of the sought protection (e.g. do not use video to protect purely mechanical functionalities).
- Mandatory neutral backgrounds: All view types (static, dynamic, and animated) must feature a neutral background. If objected to, the representation can be amended to resolve the issue.
- Visual disclaimers: Any elements for which protection is not sought (such as accessories or decorations) must be clearly disclaimed:
- For static views: Broken lines remain the preferred method.
- For dynamic/animated views: There is no preference for broken lines; alternative visual disclaimers (e.g., colour shading, blurring) may be used.
- Amendments & alterations: You can request amendments to the representation prior to registration, or minor alterations of immaterial details after registration. Crucially, the original filing date remains protected.
⚠️Critical priority warning: If you file an EUD for the first time using a dynamic or animated representation, be aware that these formats may not be recognised when claiming priority in jurisdictions outside the EU that do not accept these media types.
💡Practical tip: Product indications – you can now authorise the EUIPO to make ex officio amendments to your product indication during filing. If you do not grant this authorisation and the indication is incorrect, the Office will raise an objection and propose an alternative. If you do not reply, the Office will proceed with the examination based on its proposal.
Strict communication rules: Paper is out
Starting 1 July 2026, all communications and notifications will occur exclusively by electronic means through the EUIPO User Area.
- Physical data carriers are no longer accepted.
- Submissions sent via post or courier will be deemed not received.
- If an applicant does not have a User Area account, the EUIPO will resort to public notifications.
Streamlined invalidity proceedings
The invalidity guidelines have been updated to resolve bottlenecks and speed up decisions:
- All-in-one admissibility: Invalidity applications must contain all supporting documents and the statement of grounds at the time of filing.
- Online substantiation: The EUIPO now officially accepts references to recognised online databases (such as DesignView, TMview, WIPO, and national databases) to substantiate earlier rights, and WIPO Lex for national law.
- Strict translation deadlines: Application and admissibility evidence must be translated into the language of proceedings within one month of receiving notification.
- Prior design conflicts: For applications filed after 1 July 2026 (under Article 27(1)(d) EUDR), a contested design can be challenged by a prior design protected from an earlier filing date, regardless of whether that prior design was made public before or after the contested design’s filing date.
- Joint suspensions: Parties can request a first suspension of 6 months, and subsequent suspensions up to 18 months (maximum 2 years total), with an option to opt out.
Procedural safeguards and register operations
- New refusal ground (Article 6ter): Registrations will be refused if they improperly use badges, emblems, escutcheons, or items of public interest listed under Article 6ter of the Paris Convention without proper authorisation.
- Continuation of proceedings: This relief mechanism is now available in EUD proceedings. Requests must be submitted within two months of the expiry of the original time limit, subject to a EUR 400 fee.
- No “Equity Days” for extensions: If a request for a second or subsequent extension of a time limit is rejected, the EUIPO will not grant any additional grace days.
- Revocation vs. correction: Decision revocations require an “obvious error attributable to the Office” and are subject to a strict one-year time limit. Simple linguistic or transcription errors must be handled via the correction procedure instead.
What to do next
To prevent the loss of IP rights under the new rules, ensure your internal IP management systems are fully updated to handle the exclusive electronic communication requirements. Furthermore, carefully evaluate whether dynamic or animated formats align with your international filing and priority strategies before submitting your applications.
Mariana Köpf
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Withers & Rogers LLP June 2026
