Protect Your Creations in All Their Forms Across the European Union: A New Era for Design Protection!

A welcome reform, more than 20 years in the making!

Are you looking to protect the appearance of an original creation, such as an animated logo, a product with a complex shape, certain spare parts, a software or video game interface, or even the layout of a retail space?

Good news: the EU design registration system has evolved to better accommodate the diversity of your creations, whether physical or digital!

New Representation Formats to Better Protect Your Creations

Until recently, the static representations (drawings and photographs) traditionally filed with the European Union Intellectual Property Office (EUIPO) did not always fully capture the richness and distinctive features of a design.

Since 1 July 2026, new possibilities have become available.

You can now file:

• Dynamic 3D representations: to display a complex product from different angles, provide a comprehensive view of its shape, or highlight specific features of its appearance.
• Animated representations in video format: to protect, for example, an animated graphical user interface, a moving icon, a visual effect or a graphical transition.

Static representations remain available, of course, with up to 10 views per design now permitted, compared with 7 previously.

The Right Representation Format for Every Design!

Choosing the appropriate format (static, 3D or video) is far from a mere formality: it helps define precisely what is being protected and the scope of the rights sought.

For instance, a video will be particularly appropriate where movement or a visual transition is an essential feature of the design.

Please note that these different formats cannot be combined to represent a single design. However, it is possible to file several separate designs, each using a different representation format.

Another significant development is that a single application may now include up to 50 designs, even where they relate to different product categories. This additional flexibility can help businesses streamline their filing strategies and optimise their design protection budgets.

Planning to Protect Your Designs Internationally?

The choice of representation format deserves particular attention if you intend to extend protection beyond the European Union.

Indeed, 3D and animated representations are not yet accepted by all intellectual property offices worldwide.

One possible strategy is therefore to file several designs representing the same creation in different formats from the outset: for example, one using 3D representations, another using video and a third using static views.

The advantage? Having representations that can meet the requirements of different jurisdictions in which you intend to seek protection, while anticipating potential difficulties when extending your rights internationally.

Naturally, this strategy must be assessed on a case-by-case basis, taking into account the specific features of the design and the countries in which protection is sought.

Carefully Selected Representations Make for Stronger Protection

Do not underestimate the importance of clear, accurate and carefully prepared design representations!

The more clearly the visual features of your creation are identified, the easier it will be to determine the scope of your rights and enforce them effectively against potential infringers, including before courts and customs authorities.

Selecting the appropriate views and representation format is therefore a strategic decision that should be considered from the very outset of the filing process.

Why Not Take This Opportunity to Review Your Company’s Designs?

Identify the creations within your business that deserve priority protection: those that generate revenue, embody your brand identity, hold particular commercial value or form part of your upcoming product launches.

Physical products, digital creations, recent designs or projects that have yet to be disclosed: all are valuable assets worth protecting!

Provided they are new and possess individual character, these designs may qualify for specific legal protection.

This is also an excellent opportunity to bring together your marketing, design, sales and legal teams to identify your company’s most strategically important creations.

Mark & Law Team would be delighted to assist you in identifying designs eligible for protection and developing a filing strategy tailored to your business objectives, both within the European Union and internationally.

Important: A design that has already been disclosed may, under certain conditions, benefit from a 12-month grace period during which an application can be filed without that disclosure prejudicing its novelty or individual character. Nevertheless, filing before any public disclosure, exhibition or commercial launch remains the safest approach.

– Sylvie BOYER, Paralegal at Mark & Law