The Trade Marks and Designs Registration Office of the European Union
2.1 Where can applications be filed?
2.2 How do I apply?
2.3 Who can file an RCD? Is there a nationality requirement for the applicant?
2.4 Is it possible to claim the priority of a design already applied for?
2.5 Is there a limit to the number of designs, which may be applied for in an application?
2.6 How many views of my design can I submit?
2.7 I wish to use my RCD application as the basis for a Priority Claim in a subsequent design application to be filed in another registration system. This other design registration system will require more than seven views of the design. Can I file more than seven views together with my RCD application?
They can be filed directly with the Office for Harmonization in the Internal Market (OHIM) or through the 25 Industrial Property Offices of the Member States (including the Benelux).
An application may be made by post, by fax, electronically or in person at the OHIM.
In the case of fax filing, the quality of the representation of the design is likely to be quite poor (especially if photographs are used) since this technology is not adequate for the transmission of image information.
Filing by fax is therefore not to be favoured in general. If, however, applicants still wish to use the fax to file, they should make sure that a paper copy of the representation is sent to the OHIM within one month from the date of the receipt of the fax. The examiner will await a confirmation copy for a period of up to one month, before further processing the application.
The application for registration must be filed together with payment of the required fees (€350 for a single application).
2.2. How do I apply?
An application form (available from the OHIM or on our website) should be completed and must be accompanied by a representation of the design suitable for reproduction. This representation may be a drawing or a photograph.
The application must include the payment of the requisite fees. These vary in accordance with the request e.g. whether deferment of publication is required.
Yes, if someone has filed a design application in any state which is party to the Paris Convention for the Protection of Industrial Property or to the Agreement establishing the World Trade Organization, they can claim priority. The subsequent filing with the OHIM must be made within a period of six months of the earlier application. The documentation relating to the right of priority claimed should contain the representation of the prior design.
Even if the registration of an RCD has been rejected in the course of the examination procedure, a subsequent filing with the OHIM can be made claiming the priority of the previous RCD application.
2.5. Is there a limit to the number of designs, which may be applied for in an application?
For traditional filing, there is no upper limit: the applicant can file as many designs as he wishes in one multiple application, the only condition being that the products to which the design is applied belong to the same Locarno class, i.e. that they pertain to the same type of goods. This condition does not apply when an application concerns ornamentation.
2.6. How many views of my design can I submit?
The design should be represented by at least one view but up to 7 views per design may be supplied. In a multiple application, the maximum number of views will be 7 per design, multiplied by the number of designs.
2.7 I wish to use my RCD application as the basis for a Priority Claim in a subsequent design application to be filed in another registration system. This other design registration system will require more than seven views of the design.
Can I file more than seven views together with my RCD application?
Although the maximum number of views taken into account within an RDC application is seven,the surplus views will be archived in the RCD application file. If you ask OHIM for a certified copy of your RCD application to submit as the basis for your priority claim, this copy will contain all the information relating to the RCD application, including the surplus views.