More restrictive interpretation for the registration requirements under Article 7 UMV

• A lack of distinctiveness is consistently affirmed.
• Even an image element cannot overcome the descriptive nature of the word element if it has no independent meaning.

Strengthening of the legal use of a trademark

• The distribution of goods that are already expired may, in exception, qualify as use that upholds the rights, as long as the trademark owner was actively involved.
• The consent required under Article 18(2) UMV may already be granted if there is an economic connection between the trademark owner and the distributon

Trademark Law vs. Online Marketplaces

In the Louboutin vs. Amazon case, the European Court of Justice ruled that platforms themselves can be made liable if the offers look like their own

Stronger protection for digital designs, simpler procedures, and enhanced enforcement across the EU

Main Changes (Fully applicable from 1 July 2026)

• Broader definition of Designs
  Protection now includes digital and animated designs (e.g. UI, animations)
• Expanded concept of “Product”
  Covers virtual and non-physical objects
• 3D printing addressed
  Prohibits sharing and distribution of CAD files and print templates
• Repair clause
  Spare parts for repair purposes are excluded from design protection
• Stronger enforcement
  Measures against imports, transit goods, and digital infringements
• Simplified application system
  Multiple designs in one application (up to 50)
  Simplified fee structure
• New Design Symbol
  Ⓓ to indicate registered design protection

What’s the benefit?

• Protection across all member states through a single application.
• More cost-effective than multiple national applications
• Quick registration, often completed in a few days because there is no substantive examination
• Multiple applications can be bundled together through collective applications.

What’s the benefit?

• A single application provides trademark protection across all 27 member states (equal rights, equal period of validity, centralized administration)
• More cost-effective than multiple national applications
• Simpler and more centralized enforcement through EU procedures.

Official Fees

• One class: € 850
• Two classes: € 900 (+50€)
• Three classes: € 1.050 (+150€)

Also: Opposition, cancellation & appeal fees reduced!

Comparison of Official Fees for PCT 
National Phase EP v DE

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