Soon the EU will introduce the so-called “registration symbol” for designs, also known as registered designs. We explain what to expect as a model holder!
This is a must read for any who:
- either markets or plans to market products which are or will be registered as designs in the EU
- either design, drawing or word processing software and applications.
Indeed, the EU will soon introduce the so-called “registration symbol.
Everyone is already familiar with the ® symbol indicating that your trademark is registered, or the © symbol indicating that you claim copyright in the work.
The EU Council and the European Parliament have now reached a preliminary agreement on December 5 to revise the 20-year-old Community Designs Regulation. The Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 6/2002 on Community Designs hereby provides for a new Article 26a which states:
“The holder of a registered Union design may inform the public that the design has been registered by displaying on the product in which the design is incorporated or to which it has been applied a letter D (design (design)) placed in a circle. Such registration designation may be accompanied by the design’s registration number or a link to the design’s entry in the registry.“
Proposed Article 26a
The proposal itself today does not include a calibrated graphic representation of the symbol. Therefore, the choice of concrete typeface and graphics seems free. It was and is above all the intention of Europe to agree on 1 symbol, recognizable for the public, where at today there was no consensus and everyone gave a free interpretation, not infrequently through the use of abbreviations such as Mod. Reg. or RCD (Registered Community Design). By the way, we would like to add that the name RCD will also disappear and be replaced by EUCD.
Do you have a (registered) model?
TIP 1: if you already have a registered design today, in our opinion there is nothing to prevent you from already providing the insertion of such a symbol (whether or not followed by the registration number) on your products. And what about the packaging? The proposed regulation provides only the scenario where the symbol is placed on the product itself. However, again, nothing prevents you from applying the symbol (whether or not followed by the registration number) on the packaging (as well).
TIP 2: If you are bringing design, drawing or word processing software or applications to market then it is advisable to include the inclusion of this symbol already in your development life cycle.
If you have any questions about this, feel free to contact us, we will be happy to help you.
PS: is your registered trademark just a “letter D” placed in a circle and you have questions about the impact of this on the protection of your trademark, here too we are happy to help you.
