Article 2 · Commission Delegated Regulation (EU) 2026/137

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Article 2Application for a declaration of invalidity#

1.An application for a declaration of invalidity pursuant to Article 52 of Regulation (EC) No 6/2002 shall contain:

(a)the registration number of the registered EU design in respect of which the declaration of invalidity is sought and the name of its holder;

(b)an indication of the grounds as laid down in Article 25 of Regulation (EC) No 6/2002 on which the invalidity application is based;

(c)a reasoned statement setting out the facts, evidence and arguments in support of the grounds for invalidity invoked;

(d)the supporting evidence referred to in point (c);

(e)the identification of the applicant for a declaration of invalidity in accordance with Article 1(1), point (a), and Article 1(2) of Implementing Regulation (EU) 2026/138 and, where applicable, the identification of the appointed representative in accordance with Article 1(1), point (c), and Article 1(3) of Implementing Regulation (EU) 2026/138;

(f)an indication concerning the authorisation or entitlement to file the application for a declaration of invalidity pursuant to Article 25(2) to (6) of Regulation (EC) No 6/2002 and supporting evidence.

2.In addition to the requirements laid down in paragraph 1, an application for a declaration of invalidity shall contain, in particular, the following:

(a)where the ground laid down in Article 25(1), point (b), in conjunction with Articles 5 and 6 of Regulation (EC) No 6/2002 is invoked, the indication and evidence of disclosure of the prior design(s) under Article 7 of Regulation (EC) No 6/2002;

(b)where the ground laid down in Article 25(1), point (c), of Regulation (EC) No 6/2002 is invoked, a final decision of the competent court or authority of the Member State concerned regarding the entitlement to the EU design under Article 14 of Regulation (EC) No 6/2002;

(c)where the ground laid down in Article 25(1), point (d), of Regulation (EC) No 6/2002 is invoked, the representation and particulars identifying the prior design, accompanied, when it is not a registered EU design, by evidence of its filing or registration, consisting of a copy of the relevant filing, registration, and, if applicable, the renewal certificate or an equivalent document from the administration with which the design was filed or registered proving the existence and validity;

(d)where the ground laid down in Article 25(1), point (e), of Regulation (EC) No 6/2002 is invoked:

(i)an indication of the kind or nature of the prior distinctive sign and its representation;

(ii)an indication of whether this distinctive sign exists in the whole of the Union or in one or more Member States, and if so, an indication of those Member States;

(iii)where the prior distinctive sign is a registrable right, particulars identifying it;

(iv)evidence of its existence, validity and scope of protection, including the right to prohibit the contested use conferred on its right holder, and that evidence shall encompass, in particular:

(a)where the distinctive sign, other than a trade mark, is invoked pursuant to the law of a Member State, an indication of the content of the national law relied upon by adducing publications of the relevant provisions or jurisprudence;

(b)where the distinctive sign is a registrable right other than an EU trade mark, a copy of the relevant filing, registration or the renewal certificate or an equivalent document from the administration with which the distinctive sign was filed or registered;

(e)where the ground laid down in Article 25(1), point (f), of Regulation (EC) No 6/2002 is invoked:

(i)an indication and particulars identifying the work protected by copyright and its representation;

(ii)an indication of the Member State where it is protected and of the content of the national law relied upon by adducing publications of the relevant provisions or jurisprudence;

(iii)evidence of authorship of the prior work protected by copyright or acquisition of the rights to that work, and of its scope of protection under the national law relied upon, including the right to prohibit the contested use conferred on its right holder;

(f)where the ground laid down in Article 25(1), point (g), of Regulation (EC) No 6/2002 is invoked, the representation and particulars of the relevant item as referred to in that Article.

3.Where the evidence referred to in paragraph 2 concerning the filing or registration of the invoked rights or prior designs, or concerning the contents of the relevant national law is accessible online from a source recognised by the Office, the applicant for a declaration of invalidity may provide such evidence by making reference to that source.

4.Where the application for a declaration of invalidity pursuant to Article 52 of Regulation (EC) No 6/2002 is based on more than one prior design or earlier right, paragraphs 1, 2 and 3 of this Article shall apply for each of those designs or rights.