Given that Madagascar is a “first to file” jurisdiction, trademark registration is required in order to get rights over a trademark. An unregistered trademark can only be protected under certain extraordinary circumstances. Applications for trademarks must be submitted to the Office of Industrial Property of Madagascar (OMAPI).

Document Required

It is sufficient to have a notarized power of attorney, which must be in either English or French. A copy of the priority document, in French, English, or any other language with a French translation, if applicable.

Procedure

The Malagasy Office of Industrial Property (“OMAPI”) is where the application is filed. The application must be translated into French and submitted in either French or Malagasy. A formal assessment, a review of distinctiveness and compliance with public order, morals, and ethics, as well as a search for previously registered trademarks, are all part of the application procedure.

If a sign has developed uniqueness through use, it cannot be registered if it was not found to be such during the assessment.

The application will continue to register if it satisfies both the formal and substantive requirements for registration. The Industrial Property Official Gazette will publish the grant notification.

Duration

The date of application marks the start of protection. After the date of application, a trademark registration is valid for ten years. The registration can be renewed for comparable durations as long as the required money is paid. Within the six-month grace period, late renewal is allowed with the payment of a penalty cost.