Newcomer alert:

The European Commission recently announced a proposal to introduce a Ⓓ symbol to indicate that designs are protected. This specifically refers to the design of (utility) items such as furniture, technology, or product packaging. This symbol will undoubtedly remind you of the ™ and ® symbols, which are already used by various, mainly international, brands. The ™ symbol indicates that a sign is being used as a trademark but is (not yet) registered, while the ® symbol indicates that the sign is registered as a trademark. For copyright, there is a similar © symbol.

Not mandatory

Just like with these symbols, the use of the Ⓓ symbol in the European Union will not be mandatory but will be permitted. There was previously no similar symbol for designs, even though they can also enjoy protection. This reform is part of broader efforts to make design rights more efficient and simpler.

Design registrations protect the appearance of products, while trademarks consist of signs that indicate the commercial origin of products or services. For a design to be protected, it must be new and possess its own character. This means it should not evoke a "déjà vu" feeling in the user, thereby leaving a distinct overall impression compared to earlier designs.

These symbols inform the public that certain products and services are protected under a specific regime. Since these symbols originated in the United States, their use is not regulated by European legislation. Consequently, they have no legal significance within the European Union, where their use is not mandatory, unlike in certain other countries like the United States, where the use of such symbols is required. However, recent case law has shown that the improper use of the ® symbol—meaning its use without an actual trademark registration—can be considered a violation of fair market practices.

…but is still recommended.

The use of these symbols can have a deterrent effect on potential forgers when they see that a particular product is protected. Additionally, using such a symbol conveys reliability to the outside world by demonstrating that you actively protect and enforce your intellectual property rights. It also makes it easier to detect and stop counterfeiting and infringing practices.

Although the use of these symbols is not mandatory, we recommend using the ® symbol and, from now on, also the Ⓓ symbol for registered trademarks/designs for the aforementioned reasons.

Questions about these symbols or regarding the registration of trademarks or designs? Feel free to contact us for more information.