EU Industrial Design Registration 2026: What Changes and How to Adapt

Key data

Companies that protect the aesthetic design of their products in the European Union have new rules in place since 15 January 2026. Commission Implementing Regulation (EU) 2026/138 develops Council Regulation (EC) No 6/2002 on Community designs and establishes updated procedural rules for operating before the EUIPO.

The change is significant: it affects how applications are submitted, how designs are represented, what fees apply and what deadlines govern. Any procedure that does not comply with the new requirements may result in the loss of protection rights over the design in all EU countries.

What does this regulation establish?

Regulation 2026/138 develops specific provisions of Regulation (EC) No 6/2002, which is the framework regulation for Community designs. Its objective is to update and detail the procedures that companies and professionals must follow to manage their industrial designs before the EUIPO.

The specifically regulated aspects are as follows:

This regulation is directly applicable throughout the EU and does not require national transposition. Any company operating before the EUIPO must comply with it from 15 January 2026.

Economic and operational impact

The main impact is not a new tax burden, but an operational risk: failure to comply with the new formal requirements may result in the loss of protection rights over the industrial design in all EU countries.

For a company with differentiated design products, losing Community protection means:

• Exposure to copies or imitations with no possibility of legal action in the EU.
• The need to restart the registration process, with the associated costs and timeframes.
• Potential loss of competitive advantage in markets where design is a strategic asset.

From an operational standpoint, companies must review their internal industrial property management processes: from how they document and represent their designs to how they manage renewals and transfers before the EUIPO.

SMEs and self-employed individuals with differentiated design products are the most exposed, as they typically lack specialised industrial property departments and may not be aware of procedural changes.

Who is affected?

This regulation directly affects all those who register or manage industrial designs in the EU. Specifically:

• Manufacturing companies that protect the aesthetic appearance of their products in the EU.
• SMEs with differentiated design products that use Community registration as a competitive tool.
• Self-employed individuals and designers who register their creations before the EUIPO.
• Industrial property departments of large companies that manage portfolios of Community designs.
• Industrial property advisors and agents who process applications on behalf of third parties.
• Companies that acquire or transfer rights over industrial designs registered in the EU.

Practical example

A Spanish SME in the furniture sector has three Community designs registered before the EUIPO: the design of a chair, a table and a lamp. One of those registrations expires in 2026 and must be renewed.

With the new Regulation 2026/138 in force since 15 January 2026, the company must ensure that the renewal application meets the new formal requirements: design representation format, required documentation, updated fees and current deadlines.

If the company submits the renewal using the previous format without adapting it to the new rules, the EUIPO may reject the application. The result: the lamp design loses protection across the entire EU, and any competitor can copy that design without legal consequences in all 27 member states.

The solution involves reviewing the procedure with an industrial property specialist before submitting any application to the EUIPO.

What should companies do now?

1. Audit the portfolio of registered designs: Identify all active Community designs before the EUIPO and their upcoming renewal dates.
2. Review internal procedures: Update the processes for submitting applications, graphically representing designs and managing deadlines in accordance with Regulation 2026/138.
3. Verify applicable fees: Confirm that the fees used in procedures before the EUIPO correspond to those regulated under the new regulation.
4. Consult an industrial property specialist: Especially recommended for SMEs and self-employed individuals without an in-house specialised department, to adapt processes to the new formal requirements.
5. Review design transfer agreements: If there are ongoing or planned transactions involving the sale or assignment of rights over industrial designs, verify that they comply with the new transfer rules.

The risk of inaction is concrete: failure to comply with the formal requirements may result in the loss of protection rights over the design across the entire EU.

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_202600138