Legal basis is the law of Ordinance no 89-019 of 1989 and Decree no 92-993 of 1992, implementing Ordinance no 89-019, as amended by Decree no 95-057 of 1995.
Madagascar is a member of the Madrid Protocol.
Trademark protection is obtained by registration.
It cannot be acquired by sufficient public recognition.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, arbitrary or fancy denominations, the characteristic form of a product or its packaging, labels, envelopes, emblems, prints, stamps, seals, colours, designs, reliefs, letters, devices, colours, slogans, pseudonyms and any materialised signs that are sufficiently distinctive for the use for which they are intended.
The following trademark types are registrable: trade marks, service marks and collective marks.
The application is filed at the Malagasy Office of Industrial Property (“OMAPI”).
The application needs to be in French or Malagasy with a French translation.
Multiple-class applications are possible.
An application can include goods in any number of classes, but with additional charges from 4th class for each additional class.
Foreign applicants need a domestic registration.
Foreign applicants need a local agent.
A notarised power of attorney is sufficient which needs to be in French or in English.
Copy of the priority document (if applicable) in French or in English or in any other language with French translation.
The application process includes a formal examination, an examination of distinctiveness and compliance with public order, morals and ethics, and a search for prior trademarks.
Signs not deemed distinctive in the examination cannot be registered if distinctiveness has been acquired by use.
Notification of grant will be published in the Official Gazette of Industrial Property.
The approximate time frame for completing the registration process of a trademark at OMAPI is 10 months from the application filing date.
It is not possible to oppose a trademark application. Legal action after registration is possible.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
No opposition period.
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for like periods subject to payment of the prescribed fee.
If the trademark has not been used within three years from the date of registration, the trademark registration shall lapse.
The official application fee is MGA 80.000 for three classes and MGA 10.000 for each additional class up to the three first classes.
Publication fee and registration fee are MGA 20.000.
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
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We would like to thank the following law firms for their assistance in updating the information provided:
HK-JURIFISC, Antananarivo-Isoraka, Madagascar