Trademarks in Madagascar

Competent Authority

• Name of Office: Malagasy Industrial Property Office (Office Malgache de la Propriété Industrielle - OMAPI).
• Official Website: National administrative frameworks managed via Malagasy governmental portals.
• Working Language: French or Malagasy.
• System Type: National (with regional integration options available via the Madrid Protocol or OAPI framework alignments where applicable).

International Treaties

• Paris Convention: Member.
• Madrid System: Member of the Madrid Protocol. International trademark applications via the Madrid System can designate Madagascar.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants who do not have a domicile or principal place of business in Madagascar must appoint an authorized local trademark agent or professional representative.
• Power of Attorney (POA): A signed Power of Attorney is required, which typically needs to be notarized and submitted in French or accompanied by a certified translation.

Online Filing and Search

• Electronic Filing: Managed through national administrative filing channels and local agent submission interfaces, alongside WIPO-integrated routes (such as eMadrid).
• Trademark Search: Conducted via official registry records or professional clearance searches handled by local representatives to screen prior conflicting rights.

Protectable Trademark Types

• Word marks, figurative marks, and combined device marks.
• Applications and associated descriptions must be submitted in French or Malagasy.

Classification

• System: Nice Classification.
• Multi-class Applications: Traditional national practice in Madagascar operates strictly on a single-class application framework per filing form (requiring separate applications to be filed for each class).

Examination

• Scope: OMAPI conducts formal examinations (document completeness, classification, and representation credentials) and substantive examinations covering absolute grounds (distinctiveness, public order, and morality) and relative grounds.

Publication and Opposition

• Opposition System: Traditional national practice features publication occurring post-registration rather than a pre-grant opposition window, meaning third-party challenges are generally administered via post-grant cancellation or invalidation actions rather than a standard pre-issuance opposition period.

Timeframes

• Registration Timeline: Approximately 6 to 11 months for a straightforward, unhindered application process from initial submission to certificate issuance.

Official Fees

• Official fee schedules are regulated by national statutory instruments and denominated in Malagasy Ariary (MGA) or structured via official schedules. (Exact quantitative official fee amounts are omitted to prevent discrepancies arising from periodic government tariff adjustments).

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed for successive 10-year periods, backed by a 6-month late renewal grace period subject to additional statutory surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to cancellation or revocation actions if it has not been put to genuine commercial use for a continuous period of 3 consecutive years following registration.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, and changes in the name or address of the holder must be formally recorded with OMAPI to ensure legal effectiveness and enforceability against third parties. Recordals require notarized supporting documentation.

Legal Remedies & Enforcement

• Enforcement: Handled via civil and criminal court infringement proceedings before Malagasy tribunals, interdicts, and damages actions. Protection extends to well-known marks and border/customs anti-counterfeiting enforcement measures.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.