New design guidelines provide priority precision

The 2022 edition of the Guidelines on EU Trade Marks and Registered Community Designs has been published by the European Union Intellectual Property Office (EUIPO).

The new edition is more interactive, with over 5,000 new hyperlinks to trade mark regulations, the eSearch Case Law database, learning and other resources. The new Guidelines also incorporate recent case-law from the CJEU, as well as changes in practice in a range of areas.

The sections on examination of Community Design Registrations (RCDs) provide additional clarity on the process of claiming priority from an earlier design application.  

Section 2.7.2.1 now states that where the design application claims the priority of one or more previous applications registered in WIPO DAS, the applicant must provide the relevant details, namely, the file number, filing date and country of the previous application together with the WIPO DAS access code in the application form, or within 3 months of either the filing date or the priority claim, as the case may be, in order for the Office to access and download those priority documents, as Office of Second Filing. 

This is in line with the existing provision, that where the application claims the priority of one or more previous applications that are not available in WIPO DAS, the applicant may still submit a copy of the priority application within 3 months of the filing date.

Section 6.2.1.1 further clarifies that, where there is no indication of the priority claim in the design application, the submission of priority documents, or WIPO DAS access code, within 1 month of the filing date will be construed as a declaration of priority.

Applicants for Registered Community Designs will welcome these clarifications, together with other changes to the Guidelines which improve the user experience, and assist designers in protecting their valuable intellectual property.

The latest edition of the examination guidelines for EU trade marks (EUTMs) and registered Community designs (RCDs) entered into force from 31 March 2022, following the approval by the Executive Director, Christian Archambeau, on 22 March 2022 by means of Decision EX-22-1.

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