Strong product design is in the details: the shape of a chair, the lines of a handbag, the interface of an app or the silhouette of a coffee machine. These external characteristics make a product recognizable and distinctive. Because a design offers significant added value, you can protect it with a design registration. And we have an update on that: since 1 July 2026, new European rules have been in force that better align design protection with today’s digital world.
What does a design protection mean ?
A design protects the appearance of a product. Think of the shape, lines, colors, texture or materials. It can be the design of a physical object (such as a watch, piece of furniture or piece of clothing), of a packaging or of a digital app. Please note: the protection only relates to the external design, and not to software code or technical operation. The condition is that the design is new and has its own character. In other words, it may not be identical to an existing design.
With a design registration, you obtain an exclusive right to use that design and you can take action against people who copy your design without permission. A design registration is valid for five years and can be renewed for five years at a time, up to a maximum term of protection of 25 years. Keep in mind that a design right is territorial: the protection only applies in the countries or regions where you have registered the design.
Registered does not automatically mean valid
An important nuance: the fact that your design has been registered does not automatically mean that its validity is also established. When registering, the EUIPO or a national office does not usually carry out a full substantive examination of the novelty and individual character of your design. The agency will check whether your application meets the formal conditions and whether there are no obvious reasons to refuse the registration.
Your design can therefore be registered without all older designs having been examined in advance. Only when someone disputes the validity of your design, for example through invalidity proceedings, is it examined whether it was actually new and had individual character at the time of the application. A third party can then demonstrate, for example, that an almost identical design had already been made public before the filing date.
That is why it may be wise to have a design search or preliminary research carried out before your application . This gives you a better view of existing designs and reduces the risk of investing in a design registration that is later successfully challenged.
Update for the digital world
The most important change this year is that European regulations are more in line with today’s reality. Whereas design protection used to be mainly associated with physical products, it has now been established that digital designs can also be protected. Think, for example, of graphical user interfaces (GUIs), digital objects or animations that are part of a digital user experience. That’s good news for software companies, game creators, product developers, and designers.
More flexibility for registration
Until recently, a design registration was done with a series of static images. This is changing thanks to the new European rules: from now on, designs can also be presented with 3D files or even with videos. In this way, you can display a design much more realistically, especially when movement or different dimensions are important. A European design registration will also be simpler in practical terms: you can now submit up to 50 designs per application, which makes the administration easier.
Eye for 3D printing
The new regulations also take into account the rise of 3D printing and possible abuse that comes with it. The creation, sharing or distribution of digital files with which a protected design can be printed will therefore also be subject to the exclusive rights of the design holder.
Don’t wait too long to register
Have you made a new design yourself? Then keep in mind that timing is important. After all, in order to be eligible for design protection, your design must be new. If you first make your design public and wait to register, this can have consequences for the novelty. And as explained above: the registration office does not necessarily investigate this novelty in advance. This makes it all the more important to reflect on what already exists in a timely manner.
That’s why it’s wise to think about your intellectual property strategy early on. Which designs do you want to protect? Is a preliminary investigation recommended? In which countries do you want protection? And what other forms of intellectual property are interesting for you?
A design is more than a formality
A strong design requires time, creativity and investment. A design registration helps you to protect that investment. Moreover, a model is part of a broader strategy around intellectual property. After all, by cleverly combining designs with trademarks, copyrights and/or patents, you strengthen your market position and the value of your organisation.
Are you unsure whether your design is eligible for design protection?
Our design attorneys will be happy to work with you to determine which protection best suits your design and commercial plans.
