New rules for registering industrial designs in the EU: what changes in 2026

Key data

Companies with industrial designs registered in the European Union face an immediate obligation to adapt. Commission Delegated Regulation (EU) 2026/137, in force since 15 January 2026, completely replaces Regulation EC 2245/2002 and updates all administrative procedures before the EUIPO for the registration, renewal and transfer of Community designs.

This is not a minor change: forms, deadlines and documentary requirements have been modernised. Any procedure submitted using the previous formats may generate incidents or delays. Adaptation is not optional.

What does this regulation establish?

Regulation 2026/137 develops and completes Council Regulation (EC) No 6/2002, which is the framework regulation on Community designs in the EU. What this new regulation does is update the procedural layer: how files are processed before the EUIPO in practice.

The specific changes affect the following areas:

• Registration of industrial designs: new forms and updated documentary requirements.
• Renewal of registered designs: revised deadlines and procedures.
• Transfer of designs: modernised documentation and administrative procedures.
• Other procedures before the EUIPO: digitalisation and consistency with the current European regulatory framework.

The stated objective of the regulation is greater digitalisation and consistency with the current European regulatory framework. This means that procedures are aligned with current EUIPO standards and with the rest of Community industrial property legislation.

Economic and operational impact

The impact is not directly punitive, but it does have real operational and economic consequences for the affected companies:

• Internal adaptation costs: intellectual and industrial property departments must review and update their procedures, templates and workflows to align with the new forms and requirements.
• External advisory costs: companies working with industrial property agents must verify that their agents are already operating under the new procedures of Regulation 2026/137.
• Risk of procedural delays: submitting applications with non-adapted formats or documentation may generate requests for rectification, delays in granting protection and windows of unprotected design exposure.
• Impact on product protection strategy: sectors such as fashion, technology, furniture and automotive, with high design turnover and frequent registrations, have greater exposure to this procedural change.

The regulation does not establish new fees or specific amounts in the available text, but the procedural adaptation has a real management cost that each company must assess according to the volume of active and planned registrations.

Who is affected?

Regulation 2026/137 directly affects:

• Companies with designs registered in the EU, regardless of sector, that need to renew, transfer or manage their registrations before the EUIPO.
• Companies planning to register new designs in the European Union from 15 January 2026 onwards.
• Industrial property agents who process files before the EUIPO on behalf of third parties.
• Legal and intellectual and industrial property departments of any company with protected design assets in the EU.
• Sectors with high product design innovation:
  • Fashion and textiles
  • Technology and consumer electronics
  • Furniture and decoration
  • Automotive and components

Practical example

A furniture sector company with 15 designs registered before the EUIPO plans to renew 5 of them during the first half of 2026 and register 3 new product designs.

With Regulation 2026/137 already in force since 15 January 2026, this company must:

1. Verify with its industrial property agent that the renewal forms used correspond to the new formats established by Regulation 2026/137, not those of the repealed Regulation 2245/2002.
2. Ensure that the documentation for the 3 new registrations meets the updated documentary requirements before submitting the applications.
3. Internally review whether the renewal deadlines for the 5 existing designs are affected by the new deadlines established in the regulation.

If procedures are submitted using the previous formats, the EUIPO may request rectification, which delays the effective protection of the design and generates additional management costs.

What should companies do now?

1. Audit the registered design portfolio: identify all active designs before the EUIPO and pending procedures (renewals, transfers, new registrations) planned for 2026.
2. Verify that the industrial property agent operates under the new procedures: confirm that the forms and documentation used by your agent correspond to Regulation 2026/137 and not the repealed 2245/2002.
3. Update internal legal department procedures: review templates, checklists and internal approval workflows to adapt them to the new documentary requirements and deadlines.
4. Review the renewal calendar: check whether the new deadlines established in Regulation 2026/137 affect the renewal dates of already registered designs.
5. Train the internal team: ensure that the people responsible for intellectual and industrial property are aware of the procedural changes and know how to identify the correct new forms.

Official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, please consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202600137