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From 1 July 2026, the EUIPO implemented a new phase of the European design reform. Businesses will have to adapt to fully digital procedures, new ways of representing designs, including 3D files and animations, and stricter procedural requirements for litigation and deadline management. This modernisation aims to protect digital and innovative products better, while also requiring more rigorous preparation of filings and invalidity actions, as Marianne Tissot explains.
The latest phase of the European design reform package came into effect on 1 July 2026.As of this date, five major changes to filing EU designs and models came into being.
1 Managing your rights is now 100% digital
All communication with the European IP Office (EUIPO) is now 100% electronic:
- A new “eFiling” interface to be used for all filings or other procedures, as well as for exchanges with the EUIPO; and
- An end to any communications transmitted by mail, courier or physical media (USB key, CD-ROM, etc.).
–> What does this change mean for you from 1 July?
Ensure that you have appointed a representative for your EU designs and/or models, or that you have an active and regularly consulted EUIPO user account.
2 New methods of representing EU designs and models
The EU design reform modernises the methods of representing designs and models to consider digital products and interactive objects more effectively.
In addition, the historical limit of seven views has been removed. Applicants must now choose a single representation method for each design/model (without accumulation) from three options:
- Static representation: Maximum 10 views (1 view per file), JPEG format only, black and white or colour (max 2MB per view).
- Dynamic (3D) representation: Now possessing genuine legal protection (and no longer merely illustrative). Maximum 1 file in OBJ or STL format (max 20MB).
- Animated Representation: Allows you to show movement or a transition via a continuous video in MP4 format (max 20MB). Strict condition: the animation must be part of the subject matter of the protection (purely technical videos, such as furniture assembly, are excluded).
Note: The requirement for a neutral background applies to all types of views.
–> What does this change mean for you from 1 July?
You now have access to more powerful tools to protect your graphical user interfaces (GUI), animations, connected objects and digital products. If you plan to create multiple versions (static and animated, for example), you should file a multiple model. Fast-track recording will only be possible for models represented by static views.
Important note: When filing initial applications intended to serve as the basis for priority claims outside the EU, some offices do not yet accept 3D or animated representations, so it will not be possible to extend priority rights to EU designs or models using this type of representation. Indeed, EU member states have until 9 December 2027 to adapt the new EU Directives to their national design regimes. The Hague Agreement for industrial designs also plans to align with the new EUIPO procedures for representation, but not before early 2027.
3 Actions for annulment facilitated by a restructuring of the procedure
The EUIPO is increasingly aligning its design procedures with those of EU trademarks (EUTM).
–> What does this change mean for you from 1 July?
- Prepare your case from the start of the procedure: The applicant for annulment must provide, from the filing of their application, a memorandum setting out all the facts, evidence and arguments.
- Internet evidence: To prove an online disclosure, simply providing a URL is no longer sufficient. It is now mandatory to submit screenshots showing the associated content.
- Evidence of use in defence: This request must be explicitly stated in a separate document.
- Language regime: The application for annulment and its evidence of admissibility must be translated into the language of the proceedings within one month of notification.
4 Increased rigour regarding deadlines and procedures
As of 1 July 2026, the following provisions regarding deadlines and procedures came into effect:
- End of "equity days": No additional days will be granted if a request for a second extension of time is rejected.
- Systematic justification: Any request for an extension of time must now be rigorously justified and will no longer be systematically accepted.
- Continuation of proceedings: This mechanism is extended to EU designs. In the event of a missed deadline, the application must be submitted within two months of the expiry of the initial deadline, subject to a penalty fee (currently, €400).
5 Other important practical innovations
Four additional points of note:
- Modification of views: It is now possible to submit a modified representation of the design or model that differs only in insignificant details from the originally filed representation. After registration of the design, an official fee of €200 must be paid.
- Visual disclaimers: The model must be shown alone. Any element in the image for which protection is not claimed (accessory, decoration) must be clearly marked with a visual disclaimer (e.g., dotted lines).
- New ground for absolute refusal: The EUIPO can now refuse registration ex officio in the event of misuse of elements referred to in Article 6 of the Paris Convention, or of badges and coats of arms of particular public interest in an EU member state.
- Partial licenses: It is now possible to register a license for only part of the product indications of the design or model.
Key points to remember
Phase two of the EU design reform establishes a more modern system that is adapted to digital products (interfaces, animated elements) but is also significantly more procedurally demanding. Proactively preparing filing documents and invalidity actions becomes crucial.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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