Industrial Design
An industrial design refers to the aesthetic or visual aspect of a product—such as its shape, configuration, pattern, or color. It
plays a key role in making a product attractive and marketable. Registering an industrial design gives you exclusive rights to
use and commercialize the design, preventing others from copying or reproducing it. This is especially important for product-based
businesses aiming to stand out through unique visual appeal.
Ensure your Industrial designs are safeguarded!
Work with us to fully capitalize on the value of your innovative creations
An industrial design or design concerns features of shape, configuration, pattern or ornament applied to or embodied in an article by any industrial process. It can be two dimensional or three dimensional in expression. The most important aspect of a design is the visual appeal to the public.
We offer expert guidance to both local and international owners of industrial designs, focusing on the protection of their designs. Our services include managing the filing and prosecution of industrial design applications on a daily basis.
We collaborate closely with clients to provide strategic advice on design infringement, licensing, and cross-licensing of their creative or innovative designs. This ensures that every action taken is aligned with their business objectives.
Eligible Designs
Ensure the design meets the criteria set forth in the national intellectual property law for it to be considered an industrial design
Be new in Malaysia or elsewhere
Not opposed to public policy or morality
Non-Eligible Designs
A method or principle of construction
The designs of an article is dependent upon the designs of another article, also known as must-match principle.
A design differs only in immaterial details or features
The features of the article are dictated solely by function, for example, fan blade, helicopter blade, rotor blade.
Claiming ownership of industrial design in Malaysia
1
Applicant’s name and address
The owner (can be a natural person, organization, or association) or multiple owners of the industrial design.
2
Author’s name and address
The author or designer of the industrial design.
3
Identify the classification of the article or industrial design
The article or industrial design is classified by one of the 32 Locarno classifications.
4
Representations of the article or industrial design
Images or drawings in white background and solid black lines which highlight the novel features.
5
Statement of novelty
The novelty features must be stated explicitly.
6
Declaration of priority, if claimed.
According to Malaysian Industrial Designs Act 1996 and Paris Convention, you can make priority claim 6 months from the date of application of your design. If requested by the Registrar, a certified copy of the priority documents must be handed together with its English translations.
Rights of a registered industrial design
– To make,
– To import for sale or hire,
– To use for the purposes of any trade or business,
– To sell,
– Hire or to offer,
– To exploit for sale or hire any article
to which the registered design has been applied.
Processing steps of your application
When a filing date is assigned and the application is not withdrawn, it is automatically examined without requiring a specific request.
If there are any incomplete formalities, the applicant is given an opportunity to correct them.
Before any refusal, the applicant has the right to be heard by the Registrar.
Search and examination are conducted.
FAQ ( Frequently asked Questions)
What is an industrial design?
It refers to the aesthetic or ornamental aspect of an article – its shape, pattern, or color.
Why should I register an industrial design?
It gives you exclusive rights to commercially exploit and protect the design from imitation.
How long is an industrial design protected?
It is initially valid for 5 years and can be renewed for up to 25 years in Malaysia.
Can functional features be protected under industrial design?
No. Only the visual or aesthetic aspects are protected; functional features (briefly explain what is functional) fall under patent protection.
Can I register designs for packaging or logos?
Packaging can be registered if it has distinctive visual elements. Logos are typically protected under trademark.
Send us a message and we will get back to you!
Feel free to contact us — we’re here to guide you with the best solution for your needs.
Head Office
D-31-01 Menara Suezcap 1 Gerbang Kerinchi Lestari No. 2 Jalan Kerinchi 59200 Kuala Lumpur, Malaysia
Contact
+603-2771 1571
info@brandguard.asia