Madagascar Trademark Registration

In Madagascar, trademark registration is mandatory to obtain rights over a mark because it is a “first-to-file” jurisdiction. Only in very exceptional situations can an unregistered mark be protected, so relying on use alone is risky.

To secure protection, trademark applications must be filed before the **Malagasy Industrial Property Office (OMAPI).
If you register a combined trademark (word + logo), your exclusive rights cover the mark exactly as filed. If you want to use and protect the word element separately from the logo (or the logo separately from the word), you should plan on filing separate trademark applications for those elements.

To register a trademark in Madagascar, you will generally need:

• Original Power of Attorney, signed and notarized.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time to complete a straightforward trademark application in Madagascar is around 10 months. This is an approximate timeframe and can be longer if the office raises objections or if other complications arise.

Once your trademark is registered in Madagascar:

• It is valid for 10 years from the application date.
• It can be renewed indefinitely in further periods of ten years each.
• Renewal can be requested during the six (6)-month grace period after the expiration date, subject to payment of a late renewal fee.

After registration, your exclusive rights are tied to the exact configuration of the mark as filed, especially for combined marks.

In Madagascar, opposition against a trademark application is not available as a pre-registration procedure.

However, if a third party manages to register a trademark that includes a primary or distinctive part of your mark for similar goods or services, you can file cancellation actions (post-registration oppositions) based on your prior rights. The chances of success will depend on the specific circumstances and evidence in each case.

A trademark does not need to be in use to be registered, but use becomes important after registration.
If the mark is not used for more than three (3) years after registration, it becomes vulnerable to cancellation actions based on non-use. Using the mark in the market helps keep the registration safe from this type of attack.