A Registered Community Design is valid for five years from the date of filing of the application. It can be renewed up to four times, each time for five years, giving a total period of protection of 25 years.
At least six months before the expiry of the registration, OHIM will inform the proprietor or his representative or any other registered right holder(s), in writing, that the registration is going to be due for renewal.
An application for renewal must be submitted and the renewal fee must be paid within a period of six months before the expiry date and may be submitted until the last day of the month in which protection ends.
If no application is filed within the time limit, late renewal is still possible within an additional period of six months. The late application for renewal must be submitted and the renewal fee + a 25% surcharge must be paid within a further period of six months. This period starts from the date until which a first request for renewal was possible.
If no application for renewal has been submitted, or is submitted after expiry of the ‘additional period’, OHIM will inform the RCD proprietor, in writing, that the RCD is cancelled from the Register and a notice will be published in the RCD Bulletin.
If an RCD is not renewed, it will be marked as expired approximately two weeks after the end of the additional period. The cancellation, however, will be effective from the day following the day on which the registration expired. OHIM will inform the RCD proprietor in writing, that the RCD is cancelled from the Register and an entry will be published in the RCD Bulletin
For more information on protecting your design in the EU, please contact this office.