Model registration – how does it work?

Design rights protect the external design of products — furniture, clothing, packaging, jewelry. Registration with BOIP (Benelux, €150) or EUIPO (EU, €350) for 5 years, renewable up to a maximum of 25 years. Requires novelty (not previously known to the public) and individual character. Important: as soon as you present the design to the public (trade fair, online), you have 12 months to register — otherwise, you lose novelty. Below: procedure, costs, and how Maya's product designer protects a furniture collection.

The short answer

• What: protection of the external design of products (2D or 3D).
• Where: BOIP (Benelux, €150) or EUIPO (EU, €350).
• Term: 5 years, extendable to a maximum of 25 years.
• Condition: novelty (not publicly known anywhere) and individual character.
• Grace period: 12 months after initial publication to still register.

What falls under design rights?

The external appearance of a product, determined by:

• Lines, contours, colors.
• Shape, structure, material.
• Ornamentation, decoration.

Examples:

• Furniture (chairs, tables, lamps).
• Packaging (bottles, boxes, labels).
• Fashion (clothing cuts, shoes, accessories).
• Jewelry and accessories.
• Electronics (smartphone design, headphones).
• Toys.
• Graphic design (icons, layouts).

NOT covered by design rights:

• Functionally determined design (purely technically necessary).
• Part of a complex product that is not visible during normal use.
• Models that are exclusively designed to fit into another product.

Terms and Conditions

1. Novelty

The identical model must not be publicly known anywhere in the world — not via trade fair, website, social media, or prior sale. Previous identical publication = loss of novelty = no registration possible.

2. Distinctive character

General impression on the informed user differs from existing models. Subjective criterion — do not have to be identical, but must be “different enough”.

The 12-month grace period

Important exception to the novelty requirement: the designer has 12 months after initial publication to register. In practice: a furniture designer can showcase their collection at a trade fair, gauge market response, and then register within 12 months.

Before the 13th month: novelty lost — registration no longer possible.

Costs

BOIP (Benelux)

• €150 per model for 5 years.
• Extension: €50 (after 5 years), increasing per term.
• Maximum term: 25 years (5 installments).

EUIPO (EU)

• €350 for first model pending.
• €175 per additional model in the same request.
• Extension: €90-€180 depending on the term.
• Maximum term: 25 years.

International (Hague Convention)

Via WIPO Hague System for worldwide coverage. From €397 for basic application + per country.

Procedure

1. Application form: online at BOIP or EUIPO.
2. Upload images: multiple views of model (top, front, side, perspective). Up to 10 images per model.
3. Product description: short, e.g. “chair” or “packaging for soft drinks”.
4. Locarno classification: choose main and subcategory (similar to Nice for brands).
5. Payment: € 150-€ 350.
6. Assessment: formality test (1-2 weeks), no substantive assessment (unlike for trademarks).
7. Registration: usually within 4-8 weeks.

EUIPO offers “deferred publication” — registration remains secret for 30 months. Handy for product launches: protection without warning competitors.

What if novelty is challenged?

No prior substantive review — protection begins with registration. But third parties can demand a “declaration of destruction” afterwards:

• Proof of a pre-existing identical or very similar model.
• Assessment by BOIP/EUIPO or court.
• If well-founded: the design is declared void, and protection lapses.

Therefore: preliminary research before registration and application prevents later problems.

Design rights alongside copyright

Design can also be protected by copyright — as an original creative work. Practical:

• Copyright: automatic, lifelong+70 years, but proving authorship can be difficult.
• Design right: registration, limited to 25 years, strong evidentiary position.

For designers: the combination is ideal — copyright for all works, design registration for commercially important designs.

Enforcement

In case of infringement (identical or similar product without permission):

1. Demand letter via IP lawyer.
2. Summary proceedings for an immediate injunction (typically 4-8 weeks).
3. Land law case for damages and disgorgement of profits.
4. EU customs to stop import of counterfeit products.

Example cost strategy

Furniture collection of 5 chairs:

• BOIP: 5 × € 150 = € 750.
• EUIPO single application (all 5): € 350 + 4 × € 175 = € 1,050.
• EUIPO expanded worldwide via The Hague Convention: additional €397+ per country.

EUIPO provides coverage for 27 EU countries for a relatively small additional cost. For Benelux only: BOIP is sufficient.

Honest recommendation

For product designers and designers: register designs before publication (or within the 12-month grace period). EUIPO is highly recommended for EU companies — multi-design applications are efficient. For unique, commercially valuable designs: also obtain a copyright certificate (i-DEPOT) as a backup. For global plans: the Hague Convention via WIPO. Invest heavily in good photos for registration — unclear images reduce protection.

For other topics: what is intellectual property, copyright protection , and patent.

Frequently Asked Questions