Commission Implementing Regulation (EU) 2026/138 of 15 January 2026 laying down detailed rules for implementing certain provisions of Council Regulation (EC) No 6/2002 on European Union designs

Type Implementing Regulation
Publication 2026-03-19
State In force
Text As published
Department European Commission, GROW
Source EUR-Lex
articles 20

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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Image omitted; see official source Official Journal of the European Union EN L series
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2026/138 19.3.2026

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 6/2002 of 12 December 2001 on European Union designs [^ntr1-L_202600138EN.000101-E0001], and in particular Article 28a, Article 36a, Article 37a, Article 42a, Article 44a, Article 49a, Article 50c, Article 50f, Article 50h, Article 51a, Article 70a, Article 73a, Article 75a, Article 98a, and Article 105a thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Content of the application

1.

In addition to the requirements in Article 36(1), (2) and (3), and Article 40 of Regulation (EC) No 6/2002, the application for a registered EU design shall contain:

2.

The name and address referred to in paragraph 1, point (a), shall contain the name and the address at which the applicant is domiciled or has a seat or an establishment. Names of natural persons shall be indicated by the person’s family name(s) and given name(s). Names of legal entities, as well as bodies falling under Article 2a of Regulation (EC) No 6/2002 shall be indicated by their official designation and include the legal form of the entity, which may be abbreviated in a customary manner. The company’s national identification number may also be specified if available. The Office may require the applicant to provide telephone numbers or other contact details for communication by electronic means as defined by the Executive Director. Only one address shall, in principle, be indicated for each applicant. Where several addresses are indicated, only the address mentioned first shall be taken into account, except where the applicant designates one of the addresses as an address for service. Where an identification number has already been given by the Office, it shall be sufficient for the applicant to indicate that number and the name of the applicant.

3.

Where the representative referred to in paragraph 1, point (c), has more than one business address or where there are two or more representatives with different business addresses, only the first-mentioned address shall be taken into account as an address for service unless the application indicates which address is to be used as an address for service.

4.

The single description referred to in Article 36(3), point (a), of Regulation (EC) No 6/2002 shall not exceed 100 words explaining the representation of the design. The description shall relate only to those features which appear in the representation of the design. It shall not contain statements as to the purported novelty or individual character of the design or its technical value.

5.

Article 36(1), point (c), Article 36(2), Article (36)(3), points (a), (b), (d) and (e), Article 42(1), and Article 44(2) of Regulation (EC) No 6/2002 shall apply mutatis mutandis to each design contained in a multiple application.

Article 2

Representation of the design

1.

The design shall be represented visually, either in black and white or in colour. The representation can be static, dynamic or animated and shall be effected by any appropriate means, using generally available technology, including drawings, photographs, videos, computer imaging or computer modelling.

2.

The representation shall show in a consistent way all the features of the design for which protection is sought. The subject matter of the registration shall be determined by all the visual features of all views or reproductions combined.

3.

The design shall be represented alone to the exclusion of any other matter. However, the representation of the design may include matter for which no protection is sought, provided that they are identified by visual disclaimers,as determined by the Executive Director in accordance with Article 36(5) of Regulation (EC) No 6/2002. Visual disclaimers shall be applied consistently across all views.

Article 3

Claiming priority

1.

The documentation to be filed in support of the priority claim pursuant to Article 42(1) of Regulation (EC) No 6/2002 shall consist of a copy of the previous application. In accordance with Article 4D(3) of the Paris Convention for the Protection of Industrial Property, signed in Paris (France) on 20 March 1883, that copy shall emanate from the authority that received it and contain the same information as the original application including the representation of the design, in colour where applicable. It shall state or be accompanied by a statement containing the file number and the filing date of the previous application.

2.

Where the language of the previous application for which priority is claimed is not one of the languages of the Office, the applicant shall provide, if required by the Office, a translation of the previous application into the language of the Office used as the first or second language of the application for a registered EU design, within a period specified by the Office.

Article 4

Exhibition priority

1.

Where exhibition priority is claimed pursuant to Article 44 of Regulation (EC) No 6/2002, the applicant shall make a declaration to that effect, stating the name of the exhibition and the date of first disclosure of the products in which the design is incorporated or to which it is applied.

2.

The documentation to be filed in support of the exhibition priority claim pursuant to Article 44(2) of Regulation (EC) No 6/2002 shall consist of a certificate issued at the exhibition by the authority responsible for the protection of industrial property at the exhibition. That certificate shall attest that the design incorporated in or applied to the product was disclosed at the exhibition. It shall also state the opening date of the exhibition and the date of first disclosure of the product if different from the opening date of the exhibition. The certificate shall include or make clear reference to a representation of the design as disclosed in the exhibition.

Article 5

Content of the publication of a registration

1.

The publication of the registration in accordance with Article 49 of Regulation (EC) No 6/2002 shall contain the following information:

2.

Where there is more than one representative with the same business address referred to in paragraph 1, point (b), only the name and business address of the first-named representative shall be published, and it shall be followed by the words ‘and others’. Where there are two or more representatives with different business addresses, only the address for service determined pursuant to Article 1(3) of this Regulation shall be published. Where an association of representatives is appointed in accordance with Article 74(8) of Commission Delegated Regulation (EU) 2018/625 [^ntr6-L_202600138EN.000101-E0006] in conjunction with Article 26 of Delegated Regulation (EU) 2026/137, only the name and business address of the association shall be published.

3.

If the application contains a request for deferment of publication pursuant to Article 50 of Regulation (EC) No 6/2002, the content of the publication of the registration shall be limited to the indication and information established in paragraph 3 of that Article.

Article 6

Certificate of registration

1.

The certificate of registration issued in accordance with Article 50b of Regulation (EC) No 6/2002 shall contain the entries in the Register listed in Article 72(2) of Regulation (EC) No 6/2002 and a statement to the effect that those entries have been recorded in the Register. The certificate of registration may incorporate the representation of the design by providing electronic access to the relevant file.

2.

The certificate of registration shall be complemented, where applicable, by an extract showing all entries to be recorded in the Register in accordance with Article 72(3) of Regulation (EC) No 6/2002 and a statement to the effect that those entries have been recorded in the Register.

Article 7

Content of the request for alteration

A request for alteration of the representation of an EU design registration in immaterial details pursuant to Article 50e of Regulation (EC) No 6/2002 shall contain:

Article 8

Content of a request for the change of name or address

1.

A request for a change of name or address of the holder of a registered EU design pursuant to Article 50g of Regulation (EC) No 6/2002 shall contain:

2.

Paragraph 1, points (b) and (c), shall apply mutatis mutandis for the purposes of a request for the change of the name or address of the applicant for an EU design. Such request shall also contain the application number of the EU design.

3.

Paragraphs 1 and 2 shall apply mutatis mutandis to a change of the name or address of the registered representative.

Article 9

Application for the registration of a transfer

1.

An application for registration of a transfer under Article 28 of Regulation (EC) No 6/2002 shall contain:

2.

Paragraph 1, points (b) to (e), shall apply mutatis mutandis for the purposes of a request for the recording of a transfer of an EU design application. Such request shall also contain the application number of the EU design. The transfer shall be recorded in the files kept by the Office concerning the EU design application.

3.

For the purposes of paragraph 1, point (d), any of the following shall constitute sufficient evidence of transfer:

An application for registration of a transfer may be signed by the authorised representatives of the parties, who may be the same representative for both parties.

Article 10

Surrender

1.

A declaration of surrender pursuant to Article 51(1) of Regulation (EC) No 6/2002 shall contain:

2.

Where a right of a third party relating to the registered EU design is entered in the Register, a declaration of consent to the surrender, signed by the holder of that right or the representative of that holder, shall be sufficient proof of the third party’s agreement to the surrender.

3.

Where proceedings relating to the entitlement to a registered EU design have been instituted before the competent court or authority pursuant to Article 15 of Regulation (EC) No 6/2002, a declaration of consent to the surrender, signed by the claimant or the representative of that claimant, shall be sufficient proof of the claimant’s agreement to the surrender.

Article 11

Maximum rates for costs

1.

Costs referred to in Article 70(1) of Regulation (EC) No 6/2002 shall be borne by the losing party on the basis of the following maximum rates:

.

2.

Where there are several holders of the EU design registration or where there are several applicants for a declaration of invalidity that have filed the application for a declaration of invalidity jointly, the losing party shall bear the costs referred to in paragraph 1, point (a), for one such person only.

3.

Where the successful party is represented by more than one representative within the meaning of Article 78(1) of Regulation (EC) No 6/2002, the losing party shall bear the costs referred to in paragraph 1, points (b) and (c), of this Article for one such person only.

4.

The losing party shall not be obliged to reimburse the successful party for any costs, expenses and fees other than those referred to in paragraphs 1, 2 and 3.

Article 12

Periodical publications

1.

Where particulars are published in the European Union Designs Bulletin in accordance with Regulation (EC) No 6/2002, Delegated Regulation (EU) 2026/137 or this Regulation, the date of publication in the Bulletin shall be taken as the date of publication of the particulars.

2.

All particulars may refer or link to data already contained in the database referred to in Article 72a of Regulation (EC) No 6/2002 or in the Register.

3.

The European Union Designs Bulletin shall be published in all the official languages of the Union, where appropriate.

4.

The Official Journal of the European Union Intellectual Property Office may be made publicly available in any electronic form supported by the Office, including in the form of a searchable database.

Article 13

Exchange of information and communications

1.

Without prejudice to Article 152 of Regulation (EU) 2017/1001 of the European Parliament and of the Council [^ntr8-L_202600138EN.000101-E0008], the Office and the central industrial property offices of the Member States, including the Benelux Office for Intellectual Property, shall, upon request, communicate to each other relevant information about the filing of applications for registered EU designs or national designs and about proceedings relating to such applications and the designs registered as a result thereof.

2.

The Office and the courts or authorities of the Member States shall exchange information for the purposes of Regulation (EC) No 6/2002 directly or through the central industrial property offices of the Member States.

3.

The information referred to under paragraphs 1 and 2 shall be, where possible, exchanged by electronic means.

4.

Expenditure in respect of communications under paragraphs 1 and 2 shall be chargeable to the authority making the communications. Such communications shall be exempt from fees.

Article 14

Opening of files for inspection

1.

Inspection of files relating to EU design applications or registered EU designs by courts or authorities of the Member States shall be done where possible by electronic means.

2.

The Office shall, at the time of transmission of files relating to EU design applications or registered EU designs, to the courts or public prosecutors’ offices of the Member States, indicate the restrictions to which the inspection of those files is subject to under Article 74 of Regulation (EC) No 6/2002.

3.

Courts or public prosecutors’ offices of the Member States may, in the course of proceedings before them, open files transmitted to them by the Office to inspection by third parties. Such inspection shall be subject to the restrictions under Article 74 of Regulation (EC) No 6/2002.

Article 15

Filing of supporting documents in written proceedings

Unless otherwise provided for in Regulation (EC) No 6/2002, in Delegated Regulation (EU) 2026/137 or in this Regulation, Article 24 of Implementing Regulation (EU) 2018/626 shall apply mutatis mutandis to the extent to which supporting documents to be used in written proceedings before the Office may be filed in any official language of the Union, and to the need to supply a translation where the language of such documents is not in the language of the proceedings as determined in accordance with Article 98 of Regulation (EC) No 6/2002.

Article 16

Standards of translations

1.

Where a translation of a document is to be filed with the Office, the translation shall identify the document to which it refers and replicate the structure and contents of the original document. Where a party has indicated that only parts of the document are relevant, the translation may be limited to those parts.

2.

Unless otherwise provided for in Regulation (EC) No 6/2002, in Delegated Regulation (EU) 2026/137 or in this Regulation, a document for which a translation is to be filed shall be deemed not to have been received by the Office in the following cases:

Article 17

In the absence of evidence or indications to the contrary, the Office shall assume that a translation corresponds to the relevant original text. In the event of doubt, the Office may require the filing, within a specific period, of a statement complying with Article 65(1), point (f), of Regulation (EC) No 6/2002, that the translation corresponds to the original text.

Article 18

Decisions of an Invalidity Division taken by a single member

Pursuant to Article 105a of Regulation (EC) No 6/2002, a single member of an Invalidity Division shall take the following types of decisions:

Article 19

Transitional provisions

1.

Notwithstanding Article 27 of Delegated Regulation (EU) 2026/137, Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to ongoing proceedings where this Regulation does not apply pursuant to paragraphs 2, 3 and 4 of this Article, until such proceedings are concluded.

2.

Articles 11 and 11a of Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to applications for a registered EU design filed before 1 July 2026, as well as to international registrations for which the designation of the Union was made before that date.

3.

Article 79(7) of Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to costs incurred in proceedings initiated before 1 July 2026.

4.

Article 81(2) of Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to supporting documents or translations filed before 1 July 2026.

Article 20

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2026.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 January 2026.

For the Commission

The President

Ursula VON DER LEYEN

[^ntr1-L_202600138EN.000101-E0001]: OJ L 3, 5.1.2002, p. 1, ELI: http://data.europa.eu/eli/reg/2002/6/oj.

[^ntr2-L_202600138EN.000101-E0002]: Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 2246/2002 (OJ L, 2024/2822, 18.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2822/oj).

[^ntr3-L_202600138EN.000101-E0003]: Commission Regulation (EC) No 2245/2002 of 21 October 2002 implementing Council Regulation (EC) No 6/2002 on Community designs (OJ L 341, 17.12.2002, p. 28, ELI: http://data.europa.eu/eli/reg/2002/2245/oj).

[^ntr4-L_202600138EN.000101-E0004]: Commission Implementing Regulation (EU) 2018/626 of 5 March 2018 laying down detailed rules for implementing certain provisions of Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European trade mark, and repealing Implementing Regulation (EU) 2017/1431 (OJ L 104, 24.4.2018, p. 37, ELI: http://data.europa.eu/eli/reg_impl/2018/626/oj).

[^ntr5-L_202600138EN.000101-E0005]: Commission Delegated Regulation (EU) 2026/137 of 15 January 2026 supplementing Council Regulation (EC) No 6/2002 on European Union designs with rules specifying the details of certain proceedings concerning registered designs, and repealing Commission Regulation (EC) No 2245/2002 (OJ L, 2026/137, 19.3.2026, ELI: http://data.europa.eu/eli/reg_del/2026/137/oj).

[^ntr6-L_202600138EN.000101-E0006]: Commission Delegated Regulation (EU) 2018/625 of 5 March 2018 supplementing Regulation (EU) 2017/1001 of the European Parliament and of the Council on the European Union trade mark, and repealing Delegated Regulation (EU) 2017/1430 (OJ L 104, 24.4.2018, p. 1, ELI: http://data.europa.eu/eli/reg_del/2018/625/oj).

[^ntr7-L_202600138EN.000101-E0007]: Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1, ELI: http://data.europa.eu/eli/reg/1968/259(1)/oj).

[^ntr8-L_202600138EN.000101-E0008]: Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/1001/oj).

ELI: http://data.europa.eu/eli/reg_impl/2026/138/oj

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