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HK-Jurifisc
Antananarivo-Isoraka, Madagascar (MG)
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Madagascar (MG)

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10-01-2013 (Newsletter Issue 14/13)
Fine for Late Renewal Increased
The fine for late renewal has been increased according to the Ministerial Decree No. 12285/2013. The fee for late renewal is MGA 40,000 effective from July 1, 2013.

For further information on official fees, please check here

Source: Cabinet Hanna Keyserlingk, Madagascar


07-01-2013 (Newsletter Issue 10/13)
Official Fees Inccreased
According to the ministerial decree No. 12285/2013 on 1 June 2013, the official fees for Trademarks, Patents, Utility Models and Trade Names have increased as of 1 July 2013.

Source: Cabinet Hanna Keyserlingk, Madagascar


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.
Nice classification, 10th edition
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 and services in any number of classes, but with additional charges from 4th class for each additional class.
Foreign applicants do not need a domestic registration when filing directly at OMAPI’s through a local IP agents.
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.
National:
It is not possible to oppose a trademark application. Legal action after registration is possible.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
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.
The grace period for renewals is 6 months from the due date of renewal. The additional official fee for late renewal is MGA 40,000.

Further practical details are available in our publication on this topic here
If the trademark has not been used within three years from the date of registration, the trademark registration will be vulnerable to revocation actions.

Further practical details are available in our publication on this topic here
The official application fee is MGA 180.000 for three classes and MGA 20.000 for each additional class. Publication and registration fees are already included in the above amount.

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Search type First class Add. class
Word Mark Search (availability) 380,00 € 200,00 € 
Word Mark Search (identical) 350,00 € 180,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
02-15-2017
HK-Jurifisc, Antananarivo-Isoraka, Madagascar

12-02-2014
HK-Jurifisc, Antananarivo-Isoraka, Madagascar

09-16-2013
HK-Jurifisc, Antananarivo-Isoraka, Madagascar

06-18-2012
HK-Jurifisc, Antananarivo-Isoraka, Madagascar



HK-Jurifisc

71, avenue Victoire Rasoamanarivo
Antananarivo-Isoraka
Madagascar (MG)

Malagasy Office of Industrial Property (OMAPI)
Lot 69 VH Volosarika Ambanidia
B.P. 8237
Antananarivo 101
Tel +261 34 46 692 56
Fax +261 20 22 659 79
Mail omapi@moov.mg
www.omapi.mg

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int