EU Design Reform Phase II Now Applies: New Design Representation and Filing Rules in the EU

The second phase of the EU design reform came into force on 1 July 2026, introducing a new design representation regime and updated procedural rules under Regulation (EU) 2024/2822 and its accompanying Implementing and Delegated Regulations. Companies that file, manage or enforce registered Community designs – now formally designated as Registered EU Designs (REUD) – must adapt their representation formats and filing procedures immediately. Businesses with pending applications or existing portfolios should review their practices without delay to avoid procedural deficiencies at the EUIPO.

The Reform in Context: A Two-Phase Overhaul

The EU's overhaul of its design protection framework is the most significant reform to EU design law since the original Community Design Regulation came into force in 2002. Regulation (EU) 2024/2822 restructures both substantive and procedural rules, with implementation divided into two distinct phases.

Phase I applied from 1 May 2025. It introduced updated terminology – "Registered EU Design" (REUD) and "Unregistered EU Design" (UEUD) – a broader definition of protectable subject matter expressly covering animations and graphical user interfaces (GUIs), a permanent repair clause for must-match spare parts, and the ability to file multiple applications across different Locarno classification classes within a single application.

Phase II applies from 1 July 2026. It delivers the operational layer of the reform: new design representation standards (electronic, animated and 3D formats), revised filing procedures, and updated formal requirements governed by the new EU Design Implementing and Delegated Regulations. Together, these instruments substantially change how designs are disclosed, represented and processed at the EUIPO.

Separately, Directive (EU) 2024/2823 requires EU Member States to align their national design registration systems with the reformed framework by 9 December 2027. National implementation timelines and specific procedural details remain subject to each Member State's own transposition measures.

What Has Changed: New Representation and Filing Rules

The most operationally significant change under Phase II is the introduction of a modernised design representation regime. The new rules move beyond the traditional static image or drawing and expressly accommodate the ways in which contemporary products are conceived and experienced.

• Electronic representations: The EUIPO now accepts design representations submitted in prescribed electronic file formats. Applicants must ensure their submissions meet the technical specifications set out in the Implementing Regulation.
• Animated representations: Designs that include motion – such as animated GUIs, loading screens or transitional interface elements – can now be represented through file formats that capture movement. This is a direct consequence of the Phase I broadening of protectable subject matter to include animations.
• 3D representations: Three-dimensional design representations are now formally accommodated, enabling more precise and commercially accurate disclosure of physical and digital products.
• Updated procedural requirements: The Implementing and Delegated Regulations also revise formal requirements governing the filing process, including provisions on the contents of applications, representation quality standards and correspondence with the EUIPO.

These changes have implications not only for new applications filed from 1 July 2026 onwards, but also for companies reviewing whether existing registrations adequately represent the scope of their design rights in light of the expanded protectable subject matter introduced in Phase I.

Who Is Affected

The reform is broadly relevant to any business or rights holder with a design portfolio that includes EU-level protection. The following categories warrant particular attention:

• Technology and software companies whose products incorporate GUIs, animations or interface elements that may now qualify for REUD protection but were not previously registered as designs.
• Consumer goods manufacturers and industrial designers filing new REUD applications or managing existing portfolios that may need to be assessed against the updated representation standards.
• Automotive and spare parts industries, for whom the permanent repair clause introduced in Phase I has ongoing commercial and IP litigation implications.
• Fashion, luxury and retail brands with high-volume design portfolios that depend on efficient, accurate EUIPO filings.
• IP counsel and in-house legal teams managing EU and cross-border portfolios, who must ensure that filing instructions and representation workflows comply with the new Implementing Regulation.
• Foreign companies with EU market exposure, including those holding International Registrations under the Hague System designating the EU, who should verify how the new representation standards interact with their existing filing practices.

National Design Systems: Transposition Pending

While Phase II of the REUD reform is directly applicable across the EU from 1 July 2026, the harmonisation of national design registration systems is governed by a separate instrument. Directive (EU) 2024/2823 sets out the framework for national reforms, with Member States required to transpose its provisions by 9 December 2027. Until that deadline, national design registration procedures – including those of Portugal, Germany, France and other Member States – remain governed by existing national rules, which may differ from the reformed EU-level regime in procedural terms.

Companies that rely on a mix of national and EU-level design registrations should monitor their key jurisdictions closely, as the timing and precise content of national transposition measures are subject to pending legislative action in each Member State.

If your business files or maintains design registrations in the EU, our intellectual property team can help you assess the impact of Phase II on your current portfolio and filing procedures. Please contact us at info@ferrazwhitmore.com or visit our contacts page to arrange a discussion.

Interaction With Broader IP Considerations

The EU design reform does not operate in isolation. Rights holders should consider how the updated framework interacts with related areas of IP protection and enforcement:

• Copyright and design overlap: Designs that also qualify for copyright protection – particularly GUIs, animated elements and works of applied art – may now benefit from more coherent dual-layer protection. The boundaries between design registration and copyright infringement claims remain a live issue before the CJEU and should be factored into portfolio strategy.
• Trade mark and design coexistence: Where brand elements such as interface icons or product shapes are protected both as a trade mark and as a design, the new representation standards may prompt a review of how rights are layered and enforced.
• EU-level regulatory coordination: The European Commission has framed the design reform as part of a broader effort to modernise EU IP rules. Rights holders should note that other instruments – including those touching on text and data mining and digital markets – may interact with design rights in digital product contexts. Relevant regulatory developments at institutions including ESMA and EBA may also affect IP-intensive sectors with financial services exposure.
• Enforcement and litigation: The expanded scope of protectable subject matter and the permanent repair clause are both likely to generate new questions in EU design infringement proceedings. Decisions from the CJEU and national courts interpreting the reformed Regulation will become important reference points; EUR-Lex should be monitored for legislative updates and implementing measures as they are published.

Our intellectual property practice advises on the full spectrum of EU and international design issues, from portfolio structuring and EUIPO filings to cross-border enforcement and dispute resolution.

Immediate Action Items for International Companies

Given that Phase II is now in force, businesses with EU design interests should consider the following steps without delay:

• Audit existing REUD filings and representations to identify any registrations that may benefit from updated representations under the new electronic, animated or 3D formats, particularly where Phase I expanded the scope of protectable subject matter to include previously unregistered GUIs or animations.
• Review pending and planned applications to ensure that representation formats and formal requirements comply with the new Implementing and Delegated Regulations before submission.
• Assess the repair clause implications for any product sectors – notably automotive and consumer electronics – where must-match spare part manufacture is commercially relevant.
• Monitor national transposition progress in Member States where you hold or intend to file national design registrations, keeping in mind the December 2027 deadline under Directive (EU) 2024/2823.
• Update internal filing protocols and instructions to local counsel to reflect the Phase II procedural changes, including technical specifications for electronic file submissions to the EUIPO.

A practical overview of how to file under the reformed regime is available in our guide: Registering Designs Under the Reformed EU Regime.

Next Steps

The combined effect of Phase I (1 May 2025) and Phase II (1 July 2026) means that EU design law is now operating under a substantially different framework from that which governed filings made only a few years ago. Rights holders who have not yet assessed the impact of Regulation (EU) 2024/2822 on their portfolios and filing practices face growing procedural and strategic risk.

Ferraz & Whitmore advises international companies, funds and IP-intensive businesses on EU and cross-border design matters, including portfolio reviews, EUIPO proceedings and enforcement strategy. To discuss your specific situation, please write to info@ferrazwhitmore.com or use our contacts page.

Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.