Trademark registration in Madagascar

Trademark registration in Madagascar become more popular with the potential for economic development of this country. In terms of natural resources, Madagascar has rich mineral reserves, including gold, nickel, chromium, ilmenite, coal, quartz, and sapphire. Agriculture is an important contributor to Madagascar’s GDP, with its main exports being coffee, vanilla, pineapple, and anise. Madagascar has a large forest area, is home to many rare species of flora and fauna. The logging and ecotourism industry has strong growth potential. Madagascar possesses beautiful beaches, pristine rainforests, and unique culture, attracting visitors from all over the world. To attract domestic and foreign investment, the Madagascar government is implementing many reforms aimed at improving the business environment, attracting foreign investment, and promoting economic growth. Viet An Law would like to guide clients preliminarily through the procedures for trademark registration in Madagascar through the article below.

Legal basis

• Decree No. 89-019 of July 31, 1989, Regulations on the Protection of Industrial Property.

General overview of trademarks in Madagascar

The concept of “trademark”

A trade mark (Trademark) is a sign that distinguishes a company’s products and/or services from other companies.

Types of trademarks

• Product brand: Attached directly to the product (food, clothing, tools and equipment, etc.).
• Service marks: Used to distinguish certain services that are those of a particular company (commercial or financial activities, catering, air transportation, etc.).

Forms of expression of trademarks

The expression of a brand can be very diverse, for product or service marks, whether individual or collective.

Two-dimensional forms:

• Letter marks: Composed of words, letters, and numbers, single or in combination.
• Trademarks: Include only drawings, images, logos.
• Compound marks: Combination of both letter and visual marks
• Holographic mark: A special shape or packaging of a product that helps identify in the market.

In addition, there are sound marks (music or voice), olfactory marks (perfumes) and colors used as special signs.

Trademark registration documents in Madagascar

To register a trademark in Madagascar, the applicant needs to prepare the following documents:

• Application form: The registration M1 form can be downloaded from the website of the Malagasy Industrial Property Office at the following link: http://www.omapi.mg/formulaire.html . The application must include information about:
  • Trademark owner
  • Trademark needs registration
  • List of goods or services for which the trademark is used
  • The country or region where the applicant wants trademark protection
• Trademark drawings: Drawings must clearly and accurately represent the trademark to be registered. Drawings can be submitted as digital drawings or hand-drawn drawings.
• Power of attorney (if applicable): If the applicant authorizes another person to represent the applicant during the trademark registration process, the applicant needs to submit a power of attorney.

Registration Fee: The fee for registering a trademark in Madagascar will depend on the quantity of goods or services listed in the application. Below is a table of some of the fees when registering a trademark

 How to file a trademark application in Madagascar

To file for trademark protection in Madagascar, you can file using the following filing methods:

• Direct Submission: You can come directly to the office of the Malagasy Industrial Property Office of the Ministry of Industry, Trade and Handicrafts (OMAPI) at Lot VH 69 Volosarika Ambanidia BP 8237 Antananarivo 101 to submit the application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the address of the Malagasy Industrial Property Office of the Ministry of Industry, Trade and Handicrafts (OMAPI) at Lot VH 69 Volosarika Ambanidia BP 8237 Antananarivo 101.
• Submit online according to the instructions of the website:

 http://www.omapi.mg/guides_generales.html/  When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the Malagasy Industrial Property Office.

Registration of trademark protection in Madagascar through the Madrid System

The Madrid system is a convenient and cost-effective Madagascar league for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Madagascar acceded to the Madrid Protocol on 28 April 2008.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Applications with the Madagascar designation.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or Madagascar;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Madagascar of Viet An Law Firm

• Perform the search and notify customers in writing of the results of trademark search in Madagascar;
• Draft the dossier and directly file and monitor the status of the trademark application filed in Madagascar on behalf of the trademark owner;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Madagascar;
• Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Madagascar.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a trademark application in Madagascar, please contact Viet An Law for the most effective support.