The right in a Community design does extinguish through surrender by the holder. It must be declared to the Office in writing and will only have effect once it is entered in the Register. If there were any right (a right in rem, for example), the surrender may only be entered with the agreement of the holder of the right entered in the Register. Finally, if a license had been registered, it will have to be proved that the holder of the Community design has informed the licensee of his intention to surrender.

The invalidity, which implies that the design shall be deemed not to have had the effects specified in the Regulation, can only be declared on the following grounds:
(a) if the object for which a protection is sought does not consist in a design as defined by Article 3 (a), i.e. the appearance of a product resulting from the feature of the lines, contours, colors, shape, texture and or its ornamentation;
(b) if the design is not new or does not have an individual character; if it has been disclosed or if it is solely dictated by its technical function. A design, the form of which must necessarily be reproduced to perform its function, shall not give rise to exclusive rights;
(c) if by virtue of a court decision, the right holder is not entitled to a design right;
(d) if the Community design is in conflict with a prior design, which has been made available to the public;
(e) if a prohibited distinctive sign is used in the design;
(f) if the design constitutes an unauthorized use of a work protected by copyright;
(g) if the design constitutes in an improper use of any official badges, emblems as referred to in Article 6ter of the Paris Convention.

The invalidity of a Community design will be declared on application to the Office or on the basis of a counterclaim in infringement proceedings.