Article 36 - Conditions with which applications must comply

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1. An application for a registered EU design shall contain: 

(a) a request for registration; 

(b) information identifying the applicant; 

(c) a sufficiently clear representation of the design, which permits the subject matter for which protection is sought to be determined. 

 

2. The application shall further contain an indication of the products in which the design is intended to be incorporated or to which it is intended to be applied. 

 

3. In addition, the application may contain: 

(a) a description explaining the representation; 

(b) a request for deferment of publication of the registration in accordance with Article 50; 

(c) information identifying the representative if the applicant has appointed one; 

(d) the classification of the products in which the design is intended to be incorporated or to which it is intended to be applied according to class and subclass of the Locarno Classification, as amended and in force at the date of filing of the application; 

(e) the citation of the designer or of the team of designers or a statement under the applicant’s responsibility that the designer or the team of designers has waived the right to be cited. 

 

4. The application shall be subject to the payment of the application fee. Where a request for deferment under paragraph 3, point (b), is filed, it shall be subject to an additional fee for deferment of publication.

 

5. In addition to the requirements referred to in paragraphs 1 to 4, an application for a registered EU design shall comply with the formal requirements laid down in this Regulation and in the implementing acts adopted pursuant to it. To the extent that those requirements relate to the design representation as referred to in paragraph 1, point (c), and the means of representation, the Executive Director shall determine the manner of numbering different views in the event of representation by static views, the formats and size of an electronic file as well as any other relevant technical specification. If those requirements provide for the identification of a subject matter for which no protection is sought by way of certain types of visual disclaimers or for the filing of certain specific types of views, the Executive Director may determine that additional types of visual disclaimers and specific types of views are permitted.

 

6. The information contained in the elements mentioned in paragraph 2 and in paragraph 3(a) and (d) shall not affect the scope of protection of the design as such.

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