Trademark application Madagascar

Trademark registration Madagascar

Register your trademark in Madagascar online in 3 steps…

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Over 150,000 researches

We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.

1500+ trademarks per year

Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.

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With our unique fee calculator you can determine in 2 minutes in what countries worldwide you want to register based on your needs and budget.

What are the costs of a trademark registration in Madagascar?

The costs of trademark registration in Madagascar depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Madagascar?

File an application to register your trademark in Madagascar at the Malagasy Industrial Property Office (OMAPI). You do not necessarily have to do business in Madagascar to be able to register your brand name there. You should keep in mind that you are active from time to time, otherwise the validity of your registration will expire.

You must submit several documents when applying for a registration. First, your contact information is required. This includes your personal details, but also a deed of incorporation of your company or an extract from the Trade Register. You must also provide a copy of your brand name, identical to the original. Only what you submit is actually protected. Pay close attention to deviating shapes, striking colors or three-dimensional effects. You also have to demonstrate what kind of goods or services you trade, after all, that is usually difficult to deduce from the brand name.


Does the first-to-file principle apply in Madagascar?

If your trademark isn’t registered, it isn’t protected either. In Madagascar, the first party to register a brand name is also the only player who obtains the exclusive rights to use that brand name. This way someone else can effortlessly register your name, and even bring similar merchandise to the market if you are not on time. Registering a brand name in Madagascar is a piece of cake, you just have to know what you’re doing.


Why have your brand registered?

You are obviously proud of the image you have built by working hard on your trademark. Then it is important that the outside world sees that you are the owner, and that the products or services that appear on the market meet the quality requirements you have set. If you don’t register your trademark in time, another party may beat you to it and have your trademark registered, putting your opportunities in the Madagascar market at risk.

It could be even worse than that. The person who misuses your brand name can also start offering the same merchandise. If this happens you will unnecessarily miss out on a lot of sales, perhaps without even realizing it. In addition, it can do a lot of damage to your reputation if the quality of the copied merchandise leaves something to be desired. By registering your brand name in Madagascar on time, you avoid a lot of potential problems.

Protocol. You will then have to deal with the UIBM, the EUIPO or the WIPO respectively. Trademark registration is not mandatory in Italy to obtain trademark rights. However, this is always recommended as it strengthens the trademark and ownership status. If your trademark is not used within five years of registration, it can be canceled.


Why it is necessary to do a trademark search in Madagascar

You don’t want to be suddenly surprised by third parties during the application process or even afterwards, because you have overlooked something. In other words, you need to know what the market looks like and what other brand names exist that may conflict with your unique trademark. You can do this by conducting a trademark search prior to the application. This way you know exactly what your options are to trade and protect your brand name. On Madagascar you can only search for verbal aspects of a name, figurative elements are not included.


Do you need to file a trademark for every different element?

A mark can consist of a word or an image, but often it is a combination of different elements. If you have your trademark registered, those elements are only protected in combination with each other. If you want to ensure that the individual parts are also secured, you will have to submit a separate application for registration for each part. If you do not do this, you run the risk that an external party will steal part of your name.

In some cases it is possible to take action against this. If someone uses your name or part of it, and that person also sells the same goods or services, this is called a confusing resemblance. You can object in such a situation, but the question is whether you will then be successful. Every circumstance is different and therefore has different considerations.


What is the validity period and how does renewal work in Madagascar?

The registration of your trademark is valid in Madagascar for a period of 10 years, starting from the moment you submit the application. You can extend the registration for periods of 10 years each. You can request an extension up to 6 months after the expiry date of your registration, but in that case you will pay an additional fee for the delay.

The moment you have registered a brand, but you do this purely for protection and not to trade, you have to pay extra attention. If a registered trademark remains unused for more than 3 years, the registration will be declared invalid. You can respond to this by remaining minimally active with your trademark over the period.

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Trademark registration Madagascar