This article will describe the procedure for renewal of Community design registration, which procedure is regulated in the Council Regulation (EU) 6/2002 on Community designs. Community design registration is administered by the European Union Intellectual Property Office (EUIPO), located in Alicante, Spain. Registration of industrial design before the European Union Intellectual Property Office (EUIPO), located in Alicante, Spain, is the best and easiest way for the protection of designs in the European Union. When the design is successfully registered, the protection is spread on the territory of all member states of the European Union. The owner of the Community design has the right to use it not only on the territory of one member state of the European Union but also on the territory of the whole union.
What is the validity of a Community design registration?
The Community design registration is valid 5 /five/ years from the filing date of the application for registration in the European Union Intellectual Property Office (EUIPO). Registration may be renewed four times of five years each, up to a total term of 25 years from the date of filing. The request for renewal shall be submitted within a period of six months ending on the last day of the month in which protection ends or within six months after the expiry of that period, against payment of a higher state fee. The request for renewal shall be accompanied by a document certifying payment of the prescribed fee payable to EUIPO.
Once the requirements of the Council Regulation (EU) 6/2002 on Community designs are fulfilled, the registration of the design shall be renewed and the renewal shall take effect from the day following the date on which the existing registration expires. The renewal shall be entered in the register.
Recommendation: Community design owners are advised to submit a request for renewal of the registration of the design within a period of six months ending on the last day of the month in which protection ends because after that the owner will have only six months after the expiry of that period and has to pay a higher state fee. In case the deadline for renewal is missed and the design owner wants to continue to have exclusive rights to the design, a new application for registration shall be filed.
What are the fees payable to EUIPO for renewal of Community design registration?
I. Fees payable to EUIPO for renewal of registrations and publication if the renewal is made on time:
- for the first renewal – 90 Euro;
- for the second renewal – 120 Euro;
- for the third renewal – 150 Euro;
- for fourth renewal – 180 Euro.
II. Fees payable to EUIPO for the late payment of the renewal fee or the late submission of the request for renewal: 25% of the renewal fee.
What is included in the “renewal of Community design registration” service and how much does it cost?
The “Community design renewal” service includes the following steps:
– monitoring the validity of the industrial design;
– preparing of all necessary documents;
– filing the request for renewal;
– payment of state fees;
– legal representation during the procedure before the EUIPO;
– timely communication with the client on the course of the procedure.
– obtaining a certificate;
– handling of the certificate to the client.
If you would like to renew the Community design you are therefore advised to contact a design attorney with experience for professional advice and preparation of all necessary documents. The IP attorney Krasimira Kadieva will gladly assist you in the renewal of your Community design by providing professional advice and preparation of the necessary documents. In the event that you wish to take advantage of the service „renewal of Community design”, please send the registration number of the industrial design, which you want to renew as well as your e-mail address and phone number by using the contact form of this website. You will receive an e-mail containing an invoice as well as a power of attorney.
EACH CLIENT WILL RECEIVE A FREE E-BOOK CONTAINING ARTICLES WITH USEFUL INFORMATION ABOUT TRADEMARKS.
FOR YOUR NEXT ORDER OF ANY OF OUR SERVICES YOU WILL RECEIVE UP TO 15% DISCOUNT.
Legal Disclaimer: This material prepared by Krasimira Kadieva aims to provide more information about the renewal of Community design registration. It does not constitute a legal opinion and cannot be interpreted as an individual consultation on any concrete facts or circumstances. The advice of an intellectual property specialist should be obtained for specific questions and situations. For more information on the above-mentioned issues and individual consultations, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website. Krasimira Kadieva is a Bulgarian and European trademark and design attorney. She offers comprehensive analysis and strategy for the effective protection of industrial designs as objects of industrial property, both at the time of registration and in violation of the rights thereto. The IP lawyer in Bulgaria Krasimira Kadieva assists in the renewal of your Community design by providing professional advice and preparation of all necessary documents.