Nov 30, 2018 (Newsletter Issue 20/18)Notification on Common Regulations on Division/Merger of International RegistrationsMadagascar notified WIPO that its Office will not present to WIPO requests in accordance with new Rules 27bis(6) and 27ter(2)(b) of the Common Regulations because the legislation of Madagascar does not provide for the division of registrations of a mark.
Further, Madagascar declared that its Office will not present to WIPO requests in accordance with new Rule 27ter(2)(b) of the Common Regulations because the legislation of Madagascar does not provide for the merger of registrations of a mark.
More information on the notification is available here Source: www.wipo.int Oct 01, 2013 (Newsletter Issue 14/13)Fine for Late Renewal IncreasedThe 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 Jul 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 (since 2008), Paris Convention (since 1963) and WTO/TRIPS (since 1995).
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.
Certified 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 10-14 months from the application filing date.
National:It is not possible to oppose a trademark application. Legal action after registration to void the trade mark 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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe 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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Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
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