Design Protection in the EU: New Symbol, New Strategy

The latest EUIPO design reforms bring not only procedural clarity but also new tools for asserting your rights — starting with a brand-new registration symbol and updated rules for invalidity.

Design holders in the EU can now optionally use the ⓓ symbol to indicate that a design is officially registered — similar in spirit to the ® symbol used for trademarks.

This is more than cosmetic. While not legally required, the ⓓ mark can play a strategic role:

• Signaling protection to competitors and copycats
• Deterring infringement without needing to file legal action
• Reinforcing professional branding across product packaging and marketing materials

Think of it as a simple but visible tool to boost your IP confidence — especially for designers working across international markets where clarity matters.

The updated Guidelines also bring significant changes to invalidity proceedings, giving both rightsholders and challengers new options and clearer boundaries:

• Expired or surrendered designs can now be challenged — but only by parties who can show a legitimate interest (e.g. to clear the path for a conflicting application).
• The principle of res judicata is now firmly embedded: once a matter is decided by the EUIPO or an EU design court, it can’t be re-litigated elsewhere. This gives parties greater legal certainty.
• The scope of the priority date has been expanded. It now applies more broadly in conflicts involving earlier copyright or trademark rights — reinforcing the importance of early filing and clear documentation.

If you or your clients hold EU design rights, these updates offer both new tools to protect designs and stronger guidance for challenging problematic registrations.

Now is a good time to:

• Start using the ⓓ symbol in product and marketing materials
• Review ongoing or potential invalidity claims in light of the updated rules
• Reassess filing strategies with an eye on stronger enforcement

Need help applying these changes to your portfolio or enforcement strategy? We’d be happy to advise. Contact us today!

Text: ‘The 2025 EUIPO Guidelines’. EUIPO, https://www.euipo.europa.eu/en/news/the-2025-euipo-guidelines. Accessed 5 June 2025.

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