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Register Industrial Design in the European Union

The European Union (EU) plays an important role in the industrial design registration, bringing many benefits to designers and businesses. The automotive and transport industry in the EU is one of the largest and most important. Industrial design plays an important role in creating unique, attractive models and expressing brand identity. Fashion design, including clothing, shoes, bags, and accessories, is one of the most vibrant and high-value sectors in the EU’s creative industry. Style protection helps fashion designers protect unique ideas and against counterfeits, counterfeits. In addition to the above areas, the European Union is also focusing on design protection in emerging fields such as 3D printing technology, artificial intelligence and virtual reality. The protection of industrial designs not only brings economic benefits to businesses and designers, but also contributes to promoting the development of the creative economy and improving the quality of life of the people. Viet An Law would like to provide you with a preliminary guide on how to register an industrial design in the European Union through the article below.

Industrial design registration in Vietnam

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    National Design Registration in the European Union

    Registering a national design in the European Union (EU) is an option to protect one’s industrial design in one or more specific member states in the EU.

    National design registration dossiers in the European Union

    The national design registration dossier in the European Union will vary depending on the country the applicant wants to register. However, in general, the dossier for national design registration in the EU usually includes the following documents:

    Application Form:

    • The design registration declaration is based on the form of that country.
    • Information about the applicant (name, address, nationality).
    • If the applicant is a legal entity, it is necessary to provide more information about the company name, head office address, tax identification number.
    • If there is a representative, it is necessary to provide information about the representative (name, address, phone number, email).

    Style Description:

    • A written description of the characteristics of the design, including shapes, lines, colors, materials, etc.
    • The description must be clear, detailed, and sufficient to identify the style.

    Pictures or design drawings:

    • Images or drawings must clearly and fully represent the perspectives of the design.
    • The number of images or drawings may vary according to the requirements of each country.
    • The image or drawing must be of good quality, clear, and not blurry.

    Fee payment documents: Invoices or receipts for payment of design registration fees in accordance with the regulations of that country.

    Other documents (if any):

    • Power of attorney (if there is a representative).
    • Documents proving the right of way (if any).
    • Other documents as required by each country.

    Note:

    • The application must be submitted in the official language of that country.
    • Documents that are not in the official language must be notarized into the official language.
    • The applicant should double-check the specific requirements of the country in which the applicant wishes to apply to ensure that the application is complete and valid.

    Registered Community Design (RCD)

    The Registered Community Design (RCD) is an effective way to protect industrial designs across all 27 member states of the European Union (EU) with a single application.

    Community design registration dossier

    Application Form:

    • RCD application form (downloadable from the EUIPO website).
    • Information about the applicant (name, address, nationality).
    • If the applicant is a legal entity, it is necessary to provide more information about the company name, head office address, tax identification number.
    • If there is a representative, it is necessary to provide information about the representative (name, address, phone number, email).
    • List of products to which the design will be applied (according to the Locarno classification).
    • Confirmation of the request for postponement of publication (if any).

    Pictures or drawings of the design:

    • Images or drawings must clearly and fully represent the perspectives of the design.
    • The maximum number of images or drawings is 7, including perspective images.
    • The image or drawing must be of good quality, clear, and not blurry.
    • The maximum size of each image is 2MB.

    Style description (if needed):

    • A written description of the characteristics of the design, including shapes, lines, colors, materials, etc.
    • The description must be clear, detailed, and sufficient to identify the style.
    • The description must not exceed 1000 characters.

    Fee payment documents: Invoices or receipts for payment of RCD registration fees in accordance with EUIPO regulations.

    Other documents (if any):

    • Power of attorney (if there is a representative).
    • Documents proving the right of way (if any).

    How to submit a community design application

    To apply for a community design application in the European Union, you can file using the following filing methods:

    • Direct submission: Customers can come directly to the EQUIPO Office to submit the application and related documents.
    • You can file an application for patent protection via the link below:

    https://eud.euipo.europa.eu/design-easy-filing/

    Community Design Registration Fee

    The basic fee for applying for a Community Design (RCD) is €350. This fee includes a style in a Locarno group. There are additional fees depending on the case of the applicant:

    • Register multiple styles: Each additional style costs €150.
    • Enroll in multiple groups: The first two groups are included in the basic fee. Each additional group costs €50.
    • Deferral of publication: If the applicant wishes to delay the publication of his or her design for up to 30 months, there is an additional fee of €100.

    Advantages and disadvantages of the two design protection methods in the European Union

    Industrial design

    Community Design Registration (RCD)

    Advantage Shortcoming
    Uniform protection across all 27 EU member states. If the application is rejected in one country, it will be rejected throughout the EU.
    The procedure is simple, just submit a single application at the EUIPO. Individual licenses cannot be transferred or licensed to each country.
    The cost is lower than registering a design in each country. Less flexibility in the selection of coverage.
    Save time and effort compared to filing in multiple countries.

     National Design Registration

    Advantage Shortcoming
    Flexibility in choosing a country of protection. The cost is higher due to the application and fees for each country.
    Transferable or licensed individually for each country. The procedure is more complicated, it is necessary to learn and comply with the regulations of each country.
    If the application is rejected in one country, it does not affect the protection in other countries. It takes more time and effort than registering for an RCD.

     Comparison of two methods of filing an industrial design application in the European Union

    Comparison Criteria Community Design Registration (RCD) National Design Registration
    Scope of protection All 27 EU member states One or more EU member states selected by the applicant
    Number of applications 1 single order 1 application per country
    Receiving agency European Union Intellectual Property Office (EUIPO) Intellectual Property Offices of Each Country
    Language of application English, French or German The official language of the country
    Cost Lower Higher
    Procedure Simpler More complicated
    Processing time Faster May be longer
    Transferability/Licensing Non-transferable/licensed individually for each country Transferable/licensed individually for each country
    Flexibility Lower Higher
    Risk If the application is rejected in one country, it will be rejected across the EU If the application is rejected in one country, it does not affect the protection in other countries
    Valid in the UK No longer valid from January 1, 2021 due to Brexit Still in force
    Suitable for Businesses that want EU-wide design protection and want to save costs and time Businesses only want protection in a few specific countries or need flexibility in transfer/licensing

    Industrial design registration services in the European Union of Viet An Law Firm

    • Perform the search and notify customers in writing of the results of industrial design search in the European Union;
    • Drafting dossiers and directly filing and monitoring the status of industrial design applications filed in the European Union on behalf of the industrial design owner;
    • Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring industrial design applications in the European Union;
    • Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out procedures in the European Union.
    • Receive official dispatches, certificates and hand over to customers (if any).

    If you wish to file an application for registration of an industrial design, please contact Viet An Law for the most effective support.

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