On 28 July 2026, the European Commission adopted a Delegated Regulation updating procedural rules for registered EU designs to align with the codified basic Regulation (EU) 2026/715, repealing Delegated Regulation (EU) 2026/137 with effect from 1 July 2026. The new rules specify details for amending design applications, invalidity proceedings, language requirements, admissibility checks, and an accelerated invalidity procedure, while mandating electronic communications with the European Union Intellectual Property Office (EUIPO).
The regulation re-numbers cross-references from the repealed delegated act to the new basic regulation without changing any substance. It sets out requirements for invalidity applications, including grounds, evidence, and acceptance of online evidence from Office-recognised sources. Language rules for invalidity proceedings allow a two-month period for parties to agree on a different language. Admissibility checks require the fee to be paid within a specified period, deficiencies remedied within two months, and translations provided within one month, or the application is rejected as inadmissible. An accelerated invalidity procedure applies when the holder does not contest grounds or relief. The regulation aligns procedural rules with EU trade mark rules under Delegated Regulation (EU) 2018/625 for appeals, oral proceedings, evidence, notifications, time limits, and representation.
For EUIPO, the regulation streamlines procedures and mandates electronic communications, reducing administrative burden. For design holders and applicants, the updated rules provide clarity and alignment with trade mark procedures, but the strict admissibility deadlines and electronic-only communications may impose compliance costs. For legal representatives, the harmonisation with trade mark rules simplifies practice across IP rights. For competitors and third parties, the accelerated invalidity procedure offers a faster route to challenge designs, potentially increasing litigation risks for holders. The regulation is expected to be published in the Official Journal and will apply from the date of entry into force of the basic Regulation (EU) 2026/715.