7. Register

7.1. What is the design (RCD) Register?

7.2. Is it possible for a third party to inspect the register or an RCD file?

7.3. There has been a change of ownership or the name of my company has changed. What do I do? How can I record the change

7.4. How can I record a licence in the Register ?

7.1. What is the design (RCD) Register?

The RCD Register is a database containing particulars of all designs registered and published by the OHIM.

The Register is constantly updated, to take into account any change, such as a transfer of ownership, a change of name or address, the granting of a licence.

7.2. Is it possible for a third party to inspect the register or an RCD file?

The Register is public and accessible. Furthermore, files are available for inspection, subject to a written request and the payment of fees. Files also contain elements that are not part of the register and can be of interest to third parties such as the brief description of the design, if the applicant provided one.

In the case of a deferred design, no inspection will be admissible until publication, unless with the consent of the owner or if any of the other limited exceptions provided by the regulations apply. A design that is never published will never be open to public inspection.

7.3. There has been a change of ownership or the name of my company has changed. What do I do? How can I record the change?

Whether the change results from a transfer or from a change of the name of the owner, you must send the specific request to the OHIM.

For a simple change of name/address, no fee is required and the “Change of name and / or address of an owner / a representative” form can be used.

For a transfer, you can use the Recordal Application form. A fee of EUR 200 per design is required for recording a transfer. However multiple requests may be submitted in the same application, provided that the registered holder and the successor in title are the same in each case and, if so, the maximum fee is capped at EUR 1000.

Both type of forms can be found here. You must send the form by fax, E-communication (only MyPage users) or post (and not via e-mail). Further details can be found in Changes to the designs Register.

7.4. How can I record a licence in the Register?

You should refer to pages 19-20 of the Guidelines Concerning Proceedings before the Office for Harmonization in the Internal Market (Trade Marks and Designs) PART E, SECTION 5, Licences.