Background
In 2024, international design applications filed under the Hague System reached a record high of 27,161, representing a 6.8% year-on-year increase and marking the fourth consecutive year of growth. The Hague System officially entered into force in China on May 5, 2022. In 2024, China led globally with 4,870 design applications, followed by Germany, the United States, Italy, and Switzerland. Amid increasingly fierce global competition, the Hague System helps Chinese companies reduce costs and provides broad legal protection by enabling a single application to cover multiple countries. However, it is crucial to note that the designs applied for must comply with the unity examination standards of each designated country.
Convenience and Challenges of the Hague System
As of June 2025, the Hague System has 82 members covering 99 countries. Theoretically, companies can seek registration for up to 100 designs in these 99 countries by submitting a single application, using one language, and paying one set of fees. However, this is contingent upon all designs satisfying the "unity" requirement mandated by all designated countries. This standard requires multiple designs within a single application to share an inherent connection or commonality. Yet, due to varying examination criteria among Contracting Parties, significant discrepancies often arise in practice.
"Unity" Requirements Across Different Countries
The Hague System’s "unity" requirements primarily fall into three categories: Lax Standards, Strict Standards, and Moderate Standards.
01 Lax Standards
Some countries adopt more lenient examination criteria, allowing applicants to submit products within the same application that share the same Locarno Classification but differ significantly in design style, purpose, or target users. For example, an office chair, beach chair, and children’s highchair—despite having no direct visual connection—all fall under Locarno Class 06 (Furniture) and can thus be filed as a single application in these countries, satisfying the "unity" requirement. Such countries typically adhere to the Geneva Act of the Hague Agreement’s default principle of "belonging to the same Locarno Class," applying a broader interpretation that helps reduce costs and application complexity for businesses.
Notably, the EU Design Regulation effective May 1, 2025, expanded the definition of "design" to include dynamic elements/animations and "interior/exterior environments" (e.g., shop layouts). It also updated the "product" definition to encompass both virtual and physical products. Furthermore, the new rules no longer require all designs to belong to the same Locarno class, permitting the combination of multiple unrelated commercial product designs into one application (up to 50 designs), reducing costs and making EU design applications more flexible.
02 Strict Standards
In contrast, countries like the United States, Vietnam, Mexico, and China enforce stricter examination standards. These jurisdictions not only require designs to belong to the same Locarno class but also typically demand they embody "a single general inventive concept" or "a unified creative conception." For instance, in the U.S., designs must meet the "single inventive concept" standard, where examiners assess whether the designs are "patentably distinct" under patent law. Even designs within the same class may be rejected if their concepts are fundamentally different and lack inherent unity.
For example, designs for a smartwatch and its wireless charging dock—though both in Locarno Class 14 (Recording/Telecommunication Equipment)—may be viewed in the U.S. as two separate inventive concepts and thus cannot be combined in one application. Similarly, Vietnam and Mexico require designs to demonstrate characteristics of a coordinated set, proving a shared creative conception and functional relationship, or risk facing division requirements.
03 Moderate Standards
Countries like Brazil and Saudi Arabia adopt an intermediate approach. They generally use the Locarno Classification as a baseline but impose additional conditions related to "sets of articles" or "design coherence," though their examination rigor is typically less stringent than in strict-standard countries. For example, a dinner knife, fork, and spoon sharing identical design language (e.g., handle shape, material, pattern)—all in Locarno Class 07 (Household Utensils)—and used together as a set may qualify as a "set of items" meeting the "unity" requirement in these countries, even if their specific design details differ.
This moderate approach emphasizes the intrinsic connection between function and appearance, making it particularly suitable for applications involving product families or integrated designs.
Current Status and Strategies for International Applications
Currently, 13 Contracting Parties explicitly impose a "unity" requirement: Brazil, China, Estonia, Kyrgyzstan, Mexico, Romania, Russian Federation, Saudi Arabia, Syrian Arab Republic, Tajikistan, United States, Uzbekistan, and Vietnam.
For international applicants filing Hague applications with multiple designs, extra caution is needed when designating countries with conflicting "strict" and "lax" standards—especially if strict-standard jurisdictions like the U.S. or China are included. The safest strategy is to structure designs according to the strictest standards (typically those of the U.S. or China). If certain designs fail to meet strict standards but require protection in relevant countries, consider splitting them into separate applications to avoid delays or partial refusals due to unity issues.
Conclusion
The Hague international application offers a streamlined path for global design registration, but divergent "unity" requirements across countries can pose significant challenges. By proactively understanding and adhering to national examination standards, companies can maximize application success rates while avoiding unnecessary complications and costs. In today’s intensely competitive global landscape, strategically leveraging the Hague System’s advantages—while ensuring the independence and creativity of each design—will empower businesses to protect their innovations and gain a competitive edge in international markets.
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