Madagascar

Trade Mark

Forms part of

No
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th edition

No
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Madagascar is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Madagascar follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 12 months. Trade mark applications are examined for compliance with formal and substantive requirements. There is no provision for opposition proceedings.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are not recognised in Madagascar.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are not possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Patent Cooperation Treaty (PCT)
Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS)

Types of Patents

Patents of Invention
Patents of Addition

Novelty Requirements

Absolute novelty

 

Grace Period/Prior knowledge

6-month grace period where disclosure was by the applicant at an officially recognised international exhibition or through unauthorised disclosure by a third party.

Examination procedure

Formal examination with a state-of-the-art search and substantive examination (the search and substantive examination is rarely conducted in practice).

Duration & Maintenance

15 years with a possible 5-year extension period.
Annual maintenance payments.

Working Requirement

No use requirement, but failure to work the invention within four years from the filing date may constitute a ground for the grant of a compulsory license.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS)

Types of Designs

Industrial Designs (no utility models)

Classification

Industrial Classification for Industrial Designs under the Locarno Agreement Ninth Edition

Novelty Requirements

Absolute novelty

Grace Period/Prior knowledge

6-month grace period for disclosure in Madagascar

Examination procedure

Formal examination only

Duration & Maintenance

Five years from filing date with two further extension periods of 5 years each.
Annual maintenance payments.

Working requirement

No use requirement