In order for us to file a Registered Community (i.e. EU) Design application at the EUIPO, we will require the following documents and information:
- The full name, address and nationality/state of incorporation of the (or each) Applicant.
- Representations of the design, preferably in PDF or JPEG format. Up to seven views of each design can be submitted as ‘protected views’. Up to three further ‘unprotected views’ can be included if required. Representations can be in the form of black and white line drawings, rendered CAD images or photographs. However, there are strict requirements for the format of the representations for filing and our draughtsmen can prepare suitable representations if necessary.
- An indication of the type of products to which the design will be applied. This is required to allocate the design to a specific Locarno Class for searching and administration purposes.
- If the Registered Community Design application is to claim priority from an earlier application, the country, filing date and application number of the earlier application. Priority from the earlier application should preferably be claimed at the time of filing the Registered Community Design application, although it can be claimed up to one month after the filing date. The Registered Community Design application must be filed no later than six months from the filing date of the earliest priority application.
- If priority is claimed, a complete copy of the priority application as filed and the official filing receipt must be filed within three months of the EU filing date. However, the copy does not need to be a certified copy. If the priority application is not in one of the five official languages of the EUIPO (English, French, German, Spanish and Italian), the EUIPO now requires a translation into one of the official languages.
- An indication of whether publication of the Registered Community Design should be deferred.” It is not necessary to name the designer in a Registered Community Design application, but it is important to confirm ownership and the Applicant’s entitlement to file the application.
The EUIPO does not require a Power of Attorney or any forms signed by the Applicant on filing.
The prosecution stages of a registered Community design application
*Approximate time scale (from priority date)
Notes
- With the application, it is necessary to file representations in the form of drawings or photographs showing the relevant views of the design*
- If priority was claimed, a copy of the earlier application must be filed within three months of the filing date.
- The application is examined by the European Union Intellectual Property Office (EUIPO) for formalities only. No novelty search or examination of novelty or individual character is carried out.
- Objections are rare, but if any are raised they must be dealt with within two months.
- Upon registration, the design is published. The design is regarded as registered as from its filing date.
- Publication can be deferred by up to 30 months if requested upon filing. Publication must be requested within 27 months of filing.
- Registrations may be renewed for four subsequent periods of five years, up to a total of 25 years.
*If priority is claimed from an earlier UK or overseas application (convention application), details of the earlier application must be given. NB. A convention application must be filed within six months of the earlier application.
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