Madagascar is located in the western Indian Ocean and is the largest island nation in Africa and the fourth largest in the world. The current trademark regulations are mainly based on Decree No. 89-019, issued on July 31, 1989, on the establishment of arrangements for the protection of industrial property rights. The Industrial Property Office is responsible for managing trademark affairs, and the official languages are French and Malagasy. Trademark exclusive rights need to be obtained through registration. The trademark registration in Madagascar follows the principle of "application first", and unregistered trademarks cannot be protected. Madagascar is a party to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, and Singapore Treaty, and a member of the Madrid Protocol. Therefore, trademark protection can be handled through both "single country registration" and "Madrid international registration".
The Madagascar trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 12 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
At present, the authorities in Madagascar adopt the Nice Classification 11th edition for the description of goods and services, accepting applications for multiple categories with one standard. The elements that can be registered as trademarks in Madagascar include: text, name, graphics, three-dimensional identification, color combination, slogan, seal, etc. If the applicant does not reside in Madagascar, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are: 1. Trademark design; 2. Specific product items; 3. Name and address of the applicant; 4. The power of attorney needs to be notarized; 5.If priority is declared, priority proof documents and corresponding French translations must be provided. The main process for applying for registration of a trademark in Madagascar is: application, acceptance, examination, approval, and issuance of a certificate. After the application is submitted, the official first conducts a formal review, mainly examining whether the application materials and classification information comply with the regulations. Generally, it takes about one month to complete the acceptance. After acceptance, substantive examination of the trademark will be conducted, including examination of its distinctiveness, whether it violates the prohibition and prohibition clauses, and whether it conflicts with prior trademarks. If the examination is passed, the trademark will be registered. If everything goes smoothly, trademark registration in Madagascar will take about one and a half years. If the examination fails, a rejection notice will be issued, which is the final rejection and cannot be reviewed. If the applicant wishes to continue to fight for trademark rights, they need to appeal to the first level civil court in Madagascar. Madagascar does not have an objection procedure, and after trademark approval, it will be directly announced and registered; After registration, one can apply to the court for invalidation.
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