Registered Community Design

Opposition
There is no procedure for opposing the registration of a Registered Community Design. An application is assessed on formal grounds only and when they are fulfilled the application leads to registration and subsequent publication.

It should, however, be noted that this fact does not prevent a third party from initiating cancellation proceedings against your registration in the future. If so, we will as your agent be informed thereof and will of course contact you as soon as we are duly notified.

Varieties of a design
It is possible to include multiple designs in one registration as long as they belong to the same class, i.e. pertain to the same type of goods.

Working
Working of a Registered Community Design is not compulsory.

Marking
Marking is not compulsory, but advisable. Common markings are ”RCD No. XXXX” or ”Registered Community Design No. XXXX”.

Registered owner
The consequence of not recording changes in title varies from country to country. In some countries, it is an absolute condition that the entity claiming protection is the same entity that is recorded as owner in the national registry. In other countries failure to record changes in title may make it more difficult, for instance, to file renewal documents or to file lawsuits against infringers. Thus, we highly recommend that changes of name and assignments are duly recorded. Please contact your consultant at AWA for more information.

Licensing
It is possible to license a Registered Community Design. The recording of a licence in the EUIPO registry is not compulsory. However, failure to do so may render the licence ineffective against third parties.

Pledging
It is possible to pledge a Registered Community Design. The recording of a pledge in the EUIPO registry is not compulsory. However, failure to do so may render the pledge ineffective against third parties.

Watching
The registration of an identical or similar Registered Community Design or a national registered design can be revoked only by your actions, typically by means of a cancellation action. Please feel free to contact us when in doubt.

We recommend that you use our watching service in order to improve your chances to detect similar designs that may have been registered despite the existence of your Registered Community Design.

It should be noted that the EUIPO will not cite your design as a bar to registration of a new application for an identical or similar design, nor will the EUIPO notify you thereof.

Countries outside the Community
A Registered Community Design at the EUIPO results in protection within the Community member states only. If the design is to be protected outside the Community, it is advisable to apply for registration in the countries of interest. Please note that if you wish to use your Registered Community Design as priority for a design application outside the Community, time is of the
essence. Please contact your consultant at AWA for more information.

Alterations In Laws
Please note that these requirements may change over time and AWA does not assume any responsibility to keep you updated of any legislative or other amendments. In order to provide yourself with updated and current information, do not hesitate to contact your consultant at AWA.