A number of changes to EU designs law are due to come into force on 1 May 2025, as a result of implementation of the new EU Designs Regulation. Whilst perhaps not the most news-worthy of changes being made, the Regulation does introduce some important amendments to the renewal of EU registered designs that EU design owners should take into account.
In particular, there will be a sharp increase in the renewal fees payable in respect of EU registered designs from 1 May 2025 onwards, such that substantial cost savings may be possible by attending to early renewal of designs that are due to expire between 1 May and 31 October 2025. The date by which renewals must be effected will also change.
Further details of both changes are set out below.
Renewal Fees
The current fee structure will continue to apply in relation to any renewal requests submitted at the EUIPO before 1 May 2025, even if the design is only due for renewal after this date (although early renewals can only be effected within the 6 month period immediately preceding the renewal date). Any renewal requests filed from 1 May 2025 onwards, however, will be subject to the new fee structure.
The new renewal fees are markedly higher than the current fees, particularly for older designs that are being renewed for a 3rd or 4th period:
|
Renewal period |
Current fee, per design (€) | New fee, per design (€) |
|---|---|---|
| 1st renewal (6th – 10th year) | 90 | 150 |
| 2nd renewal (11th – 15th year) | 120 | 250 |
| 3rd renewal (16th – 20th year) | 150 | 400 |
| 4th renewal (21st – 25th year) | 180 | 700 |
It would therefore be advisable for EU design owners with designs falling due before 31 October 2025 to renew those designs before 1 May 2025, so as to benefit from the lower renewal fees payable.
Renewal Dates
The date by which EU designs may be renewed will also change from 1 May 2025 onwards:
- for designs falling due for renewal before 1 May 2025, the renewal deadline is the last day of the month in which the renewal falls due (e.g. if the design was filed on 15 April 2020, the deadline for normal renewal will be 30 April 2025, and the late renewal grace period will run from 1 May 2025 until 1 November 2025);
- for designs falling due for renewal from 1 May 2025 onwards, the renewal deadline is the 5 yearly anniversary of the filing date (e.g. if the design was filed on 15 May 2020, the deadline for normal renewal will be 15 May 2025, and the late renewal grace period will run from 16 May 2025 until 15 November 2025).
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.
