The European Union has reformed its design registration system. Key changes inter alia include updated terminology (e.g., “Community Design” becoming “EU Design”) and broadened definitions to encompass animation and non-physical products. The new design system now foresees regulations related to 3D printing, further bridging the gap between the tangible and intangible world. The reform seeks to streamline the filing and examination process and to alter fee structures and renewal periods. We have already issued a bulletin on the revised design protection package.
Here, we want to focus on practical implications of the new fee structures and calculation of renewal dates.
1. Key Points
Renewal Period Calculation: Renewal dates are changing, but not entirely from the date of entry into force of the new regulation on 1 May 2025. For renewals due before 1 October 2025, the renewal period ends on the last day of the month in which the design was applied for, and for renewals due on or after 1 October 2025, it ends on the same day of the month as the filing date.
Renewal Fee Application: Renewal fees are increasing substantially. The date the renewal request is received is the determining factor for applying the old or new fees, irrespective of payment date. Renewal requests made on or before 30 April 2025 will be at the existing, lower, fees, even if they are for renewals due up to the end of September 2025.
Renewal Grace Period: The grace period to renew a design starts the day after the expiry date, and runs for six months. Hence for renewals with an original due date before 1 October 2025, the grace period ends on the last day of the month. For renewals with a due date on or after 1 October 2025, the grace period ends on the same day of the sixth month after the renewal date. The fees for late renewal remain at 25% of the renewal fee, whether under the old or new regimes.
Strategic Planning: Applicants should check the filing dates of their designs and plan the renewals due this year strategically. This is especially true if the filing dates fall between 1 May and 30 September, which will allow them to take advantage of the lower fees by renewing before 1 May 2025. The same applies to any planned or unplanned late renewals.
2. What are the key changes introduced by the EU design reform regarding fees for design applications and renewals?
The EU design reform introduces significant changes to the fee structure for design applications and renewals. The new fee structure aims to be more transparent and easier to manage by combining separate fees in the application process. Some of the official fees are subject to a reduction, while others are to be increased.
Application Fees
The reform unifies the previous registration and publication fees into a single application fee. This means applicants now pay one fee that covers both the initial registration of the design and its publication. The new application fee is set at €350 which equals the previous combined registration and publication fee for the first design.
For multiple design applications, a flat fee is introduced for each additional design included in the application. This fee is €125 for each additional design up to a total number of 50 for a multiple design application.
This replaces the previous system where fees were calculated separately for registration and publication of each additional design. This new single fee for multiple designs is lower than the combined previous combined registration and publication fee (the old fees summed up to €175 per design) up to a total number of 10 designs. From the 11th design onwards, the new single fee for additional designs in a multiple design application (€125 per design) is higher than the old, combined fee (€80 per design).
Renewal Fees
The reform introduces new renewal fees, which are significantly different from the old fees. The new fees are structured to increase with each renewal period. The fees for each renewal period are:
| Current fee | New fee effective from 1 May 2025 | |
| First renewal (after 5 years) | €90 | €150 |
| Second renewal (after 10 years) | €120 | €250 |
| Thirds renewal (after 15 years) | €150 | €400 |
| Fourth renewal (after 20 years) | €180 | €700 |
| Late fee | 25% of the renewal fee for the late payment of the renewal fee or the late submission of the request for renewal | 25% of the renewal fee for the late payment of the renewal fee |
3. Changes to the calculation of renewal dates
Renewals remain due 5, 10, 15 and 20 years after filing, with expiry remaining as 25 years after the filing date. However, the EU design reform introduces changes to how renewal periods are calculated:
Old system applicable until 1 May 2025: Under the old system, Registered Community Designs (RCDs) ‘expired’ on the last day of the month in which the anniversary of the filing date falls. The ‘renewal period’ was a six-month window that ended on that end-of-month expiry date. The RCD could be renewed with the late fee in a ‘grace period’ of six months after the end-of-month expiry date.
New system applicable from 1 May 2025: The new system foresees that Registered EU Designs (REUDs) expire on the same day of the month as the filing date, not the last day of the month. The ‘renewal period’ is a six-month window ending on the same day of the month as the filing date. The ‘grace period’, in which the REUD can be renewed with the late fee, ends on the same day of the sixth month after the expiry date.
4. Transitional period for calculation of due dates
The new EU Designs Regulation failed to include any transitional provisions on the implementation of the new fees and renewal dates, such there was a significant lack of clarity regarding renewals due in September and October 2025 in particular. The Executive Director of the EUIPO therefore issued guidelines on 11 December 2024 setting out transitional provisions, such that the EUIPO will apply the changes to the regulations for the calculation of renewal dates based upon the ‘renewal period’.
The old system for renewal calculations will apply for renewal period starting to run before 1 May 2025. For example, the renewal period for a renewal due in September 2025 is calculated under the old system, and is 1 April 2025 to 30 September 2025.
The new system of renewal calculations will apply for a renewal period starting to run from 1 May 2025. A key result of these transitional provisions is that, for all renewals due after 1 October 2025, there is no means for filing an earlier request to benefit from the old renewal fees. Examples are provided below.
5. Applicability of the old or new official renewal fee schedule
The EUIPO will use the date of receipt of the user’s renewal request as the pivot date for calculating the renewal fees. If a renewal request is received prior to the applicability date of the new regulation (1 May 2025), the old fees apply. If the request is received on or after this date, the new fees apply. This is the case regardless of the payment method or when the payment is processed. For example, it seems that it is possible to request the renewal before 1 May 2025 and then use the EUIPO’s ‘debit later’ option to actually make the payment on or after 1 May 2025, whilst still benefiting from the old, lower fees.
Early Renewals: Renewals due up to the end of September 2025 can thus be requested early, before 1 May 2025, using the old fees from the existing regulation. However, renewals due on from October 2025 will be subject to the new fee schedule. Examples are provided below.
6. Examples and Strategies to Benefit from the old fee regime for renewals due after 1 May 2025
Example 1: Renewal Due Before 1 May 2025
The old renewal calculations are applied: An RCD was filed on 15 April 2020. The protection period ends on 30 April 2025. The six-month renewal window is open from 1 November 2024 to 30 April 2025. For such an application, the old renewal fees will apply, which are €90 per design for the first renewal.
The late fee can be paid up to 31 October 2025, since the end of the grace period is calculated under the old regulation. However, the late fee will be under the new fee schedule. Therefore, use of the late fee for renewals due before 30 April 2025 is best avoided for the sake of reducing costs.
Example 2: Renewals Due between 1 May 2025 and 30 September 2025
The old renewal calculations are applied: An RCD filed e.g. on 2 September 2020 has a renewal due (i.e. ‘expires’) on 30 September 2025. The six month renewal period runs from 1 April 2025 to 30 September 2025. The final day of the six month grace period for paying the renewal with the late fee is 31 March 2026.
If the renewal request is received between 1 April and 30 April 2025, the old fees apply. If the renewal request is received on or after 1 May 2025, the new fees apply. There is a chance to save €60 per design on the first renewal by filing the renewal request early.
Example 3: October 2025 Renewal
A mix of the old and new renewal calculations are applied: An RCD was filed on 23 October 2020. The protection period expires on 23 October 2025. The earliest time to file a renewal request for such applications is 1 May 2025.
Although the renewal period would start on 24 April 2025 under the new system, the new system cannot be applied until 1 May 2025 because the new regulation is not in force before then. Therefore, the start of the renewal period for all October 2025 renewals is 1 May 2025.
Effectively, the renewal period only starts on 1 May 2025 and runs to 23 October 2025, meaning that the renewal period for October 2025 design renewals is effectively less than a month shorter than the standard 6 months and only the new fees apply for those renewals. The grace period is hence calculated under the new system as well and runs from 24 October 2025 to 23 April 2026.
Example 4: Renewals due from November 2025 onwards
The new renewal calculations are applied: An RCD was filed on 23 November 2020. The protection period expires on 23 November 2025. The six-month renewal period runs from 24 May 2025 to 23 November 2025 and the grace period runs from 24 November 2025 to 23 May 2026. There is no means for filing an earlier request to benefit from the old renewal fees.
If you require further information on how the new fee regime could affect your business or products, please contact your regular Boult designs representative.
