Country: Madagascar

General Information

Goods and services must be submitted in the French language.

We have an exclusive association with a local agent which enables us to file patents, trade marks and designs directly with the registry.

Primary Contacts
Trade Mark Registration and Recordals Michelle Boyes
Trade Mark Renewals Michelle Boyes
Patent Registration and Recordals Kary Day
Patent Annuities Sara Lloyd

Contentious Matters (Oppositions, Infringement Actions, etc.)
Trade Marks Martin Chinnery
Patents Louise Audhlam-Gardiner

Specialist Consultant

Caroline van Dijk

Trade Mark Information
Can services be registered ? Yes
Single/Multi-Class Jurisdiction Multi-class
Is the International Classification
followed ?		 Yes - Eighth Edition, Nice Classification
Can Convention priority be claimed Yes
Documentation required to file Notarised Power of Attorney;
Certified copy of Priority document;
Verified Translation of Priority document into French
10 prints
Opposition period after publication There is no opposition period after publication
Renewal due For MV's (Maintenance in Vigour cases) the renewal date is 10 years less 1 day from the Acceptance/Registration date of the MV in Madagascar

For Madagascan Substantive cases the renewal date is 10 years less 1 day from the Filing Date of the Substantive case in Madagascar.
Grace Period 6 months
Documents required to renew Power of Attorney, notarised
Proof of use due N/A
Documents required to file proof of use N/A
Can be struck off for non-use The law provides that the property right in the mark shall lapse for failure to use it within a period of 3 years from registration, without legitimate excuse.

Patent Information
Member of PCT Yes
Can Convention priority be claimed Yes
Deadline for filing priority document 6 months from the filing date
Does the priority document have to be
translated ?		 Yes - it must be translated into French, if not already in the French language
Required Documents Substantive Application

Power of Attorney;
Form No.4 in triplicate;
Specification, claims, abstract in English;
Specification, claims, abstract in French in triplicate;
Priority Document(s);
French Translation of Priority Document(s);
Notarised Priority Assignment(s);
Original, or notarised copy of, Assignment of Invention (if the inventor is not an employee of the applicant).

PCT Application

Power of Attorney;
Form No.4 in triplicate;
International Publication;
International Search Report;
International Preliminary Examination Report/Report on Patentability with annexes;
Specification, claims, abstract in English;
Specification, claims, abstract in French in triplicate;
Notarised Priority Assignment(s) with French translation;
Original, or notarised copy of, Assignment of Invention (if the inventor is not an employee of the applicant);
Notification of changes recorded at WIPO (PCT Form IB306) or other evidence of changes to applicant/inventors.
Duration Substantive Application - 15 years from the filing date, although an extension of term for a further 5 years is available under certain circumstances.
PCT Application - 15 years from the international filing date if application was filed pre-1/1/06, or 20 years if filed post-1/1/06.
Annuities Substantive Application - Due annually, commencing with the third annuity (i.e. 2nd anniversary of filing date).
PCT Application - Due annually, on each anniversary of the international filing date.

News Articles: Madagascar

Madagascar - Membership of Madrid Protocol

WIPO has announced that the terms of the Madrid Protocol will enter into force in Madagascar on 28 April 2008. However, we have yet to receive independent verification from OMAPI that the Madrid system will be fully operational as of that date. We will update this website as soon as further information is received.

7th March 2008

Madagascar - Extension of Term of Patent Protection

As you may be aware, patents are currently granted in Madagascar for a term of 15 years from the filing date (or international filing date for PCT national phase applications), subject to the payment of annuities. Until now, an extension of term for a further 5 years has been available, but only if the national interest so demands and the invention is worked in a serious and satisfactory manner.

The Director General of the Madagascan Patent Office has now advised us, in a recent meeting held with Caroline van Dijk of Lysaght & Co. in Madagascar, that he would be prepared to accept all applications for extension, irrespective of whether or not the patent has been sufficiently worked.

An application for extension of the term of a patent must be filed within the two months preceding the date of expiry of the patent. Please mark your records to this effect, and let us have your further instructions should you wish for us to apply for an extension of the term of any of your cases. Whilst we will endeavour to send reminders at the appropriate times, the responsibility for ensuring that we receive instructions to extend the term of any case remains with the applicant or proprietor of the patent.

3rd December 2007


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