Commission Delegated Regulation (EU) 2026/137of 15 January 2026supplementing Council Regulation (EC) No 6/2002 on European Union designs with rules specifying the details of certain proceedings concerning registered designs, and repealing Commission Regulation (EC) No 2245/2002

1. Where a time limit referred to in Article 66e of Regulation (EC) No 6/2002 is expressed as one month or a certain number of months, it shall expire on the relevant subsequent month on the day which has the same number as the day on which the relevant event occurred. Where the relevant subsequent month has no day with the same number, the time limit shall expire on the last day of that month.

1. Where a time limit referred to in Article 66e of Regulation (EC) No 6/2002 is expressed as one week or a certain number of weeks, it shall expire on the relevant subsequent week on the day having the same name as the day on which that event occurred.

Article 21

Extension of time limits

Subject to specific or maximum time limits laid down in Regulation (EC) No 6/2002, Implementing Regulation (EU) 2026/138 or this Regulation, the Office may grant an extension of a time limit upon reasoned request. Such request shall be submitted by the party concerned before the time limit in question expires. Where there are two or more parties, the Office may subject the extension of a time limit to the agreement of the other parties.

Article 22

Expiry of time limits in special cases

1. Where a time limit expires on a day on which the Office is not open, the time limit shall be extended until the first day thereafter on which the Office is open.

1. Where a time limit expires on a day on which there is an actual interruption of the Office’s connection to electronic means of communication referred to in Article 66e(3) of Regulation (EC) No 6/2002, the time limit shall be extended until the first day thereafter on which the electronic communication is restored.

Article 23

Cancellation of an entry in the Register or revocation of a decision

1. Where the Office finds of its own motion or pursuant to corresponding information provided by the parties to the proceedings that an entry in the Register or a decision is subject to cancellation or revocation pursuant to Article 66h of Regulation (EC) No 6/2002, it shall inform the affected party about the intended cancellation or revocation.

1. The affected party shall submit observations on the intended cancellation or revocation within a time limit specified by the Office.

1. Where the affected party agrees to the intended cancellation or revocation, or does not submit any observations within the time limit, the Office shall cancel the entry in the Register or revoke the decision. If the affected party does not agree to the intended cancellation or revocation, the Office shall take a decision on the intended cancellation or revocation.

1. Where the intended cancellation or revocation is likely to affect more than one party, paragraphs 1, 2 and 3 shall apply mutatis mutandis. In those cases, the observations submitted by one of the parties pursuant to paragraph 3 shall be communicated by the Office to the other party or parties with an invitation to submit observations within a time limit specified by the Office.

1. Where the cancellation of an entry in the Register or the revocation of a decision affects an entry or a decision that has been published, the cancellation or revocation shall also be published.

1. Competence for cancellation or revocation pursuant to paragraphs 1 to 4 shall lie with the department or unit which took the decision.

Article 24

Conditions for suspension of proceedings

1. As regards declaration of invalidity and appeal proceedings, the Invalidity Division or Board of Appeal may suspend proceedings:

(a) of its own motion where a suspension is appropriate under the circumstances of the case;

(b) at the reasoned request of one of the parties in inter partes proceedings where a suspension is appropriate under the circumstances of the case, taking into account the interests of the parties and the stage of the proceedings.

1. At the request of both parties in inter partes proceedings, the Invalidity Division or Board of Appeal shall suspend the proceedings for a period which shall not exceed six months. That suspension may be extended upon a request of both parties up to a total maximum of two years.

1. Any time limits related to the proceedings in question, other than the time limits for the payment of the applicable fee, shall be interrupted as from the date of suspension. Without prejudice to Article 170(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council

Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/1001/oj).

, the time limits shall be recalculated to begin in full as from the day on which the proceedings are resumed.

1. Where appropriate under the circumstances of the case, the Invalidity Division or Board of Appeal may invite the parties to submit their observations as regards the suspension or resumption of the proceedings.

Article 25

Resumption of proceedings

1. Where proceedings before the Office have been interrupted pursuant to Article 67b of Regulation (EC) No 6/2002, the Office shall be informed of the identity of the person authorised to continue the proceedings before it pursuant to Article 67b(2) of Regulation (EC) No 6/2002. The Office shall communicate to that person and to any interested third parties that the proceedings shall be resumed as from a date to be fixed by the Office.

1. Where, three months after the beginning of the interruption of the proceedings pursuant to Article 67b(1), point (c), of Regulation (EC) No 6/2002, the Office has not been informed of the appointment of a new representative, it shall inform the applicant for, or holder of, a registered EU design that:

(a) where Article 77(2) of Regulation (EC) No 6/2002 shall apply, the application for a registered EU design shall be deemed to be withdrawn if the information is not submitted within two months after the communication is notified;

(b) where Article 77(2) of Regulation (EC) No 6/2002 does not apply, the proceedings will be resumed with the applicant for, or the holder of, a registered EU design as from the date on which this communication is notified.

1. The time limits in force as regards the applicant for, or holder of, a registered EU design at the date of interruption of the proceedings, other than the time limit for paying the renewal fees, shall begin again as from the day on which the proceedings are resumed.

Article 26

Representation

Articles 73, 74 and 75 of Delegated Regulation (EU) 2018/625 shall apply mutatis mutandis to representation in design matters under Article 78 of Regulation (EC) No 6/2002.

Article 27

Repeal

Regulation (EC) No 2245/2002 is repealed.

Article 28

Transitional provisions

1. Notwithstanding Article 27 of this Regulation, Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to ongoing proceedings where this Regulation does not apply pursuant to paragraphs 2 to 5 of this Article, until such proceedings are concluded.

1. Article 12(2), (3) and (6) of Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to requests for correction of the application filed before 1 July 2026.

1. Article 29(5) of Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to evidence in support of the applications for a declaration of invalidity filed before 1 July 2026.

1. Article 46 of Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to oral proceedings initiated before 1 July 2026.

1. Article 61 of Regulation (EC) No 2245/2002 as applicable on 30 June 2026 shall continue to apply to applications for a registered EU design and to applications for transfer received before 1 July 2026.

Article 29

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 July 2026.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 January 2026.

For the Commission

The President

Ursula von der Leyen