Madagascar

General Information

  • Area: Approximately 587 000 km2 (fourth largest island in the world)
  • Population: 21.3 million
  • Capital: Antananarivo
  • Currency: Malagasy Franc
  • GDP:  $ 20.7 billion (2010)
  • Domain name extension: .mg
  • Languages: French, Malagasy (official languages)
  • Exports: Coffee; vanilla; cloves and clove oils; sugar; petroleum products; shellfish
  • Imports: Intermediate manufactures; capital goods; petroleum; consumer goods; food

International / Regional conventions:

  • Berne Convention
  • Madrid Protocol on Marks
  • Paris Convention
  • Patent Cooperation Treaty
  • WIPO Convention
  • WTO/TRIPS

Trade Mark Information

International and Regional Arrangements:

Madrid Agreement:      Yes

Paris Union:                Yes

Types of Trade Marks:

Goods and services

Collective marks

No provision for defensive marks or series marks

Classification:

The International Classification of Goods and Services (Nice Classification) is applied.

Filing Requirements:

Particulars of Applicant (name, address and nationality)

Notarized Power of Attorney incorporating an French translation

Representation of the mark

List of goods and / or services

Certified copy of the priority document with verified French translation

Duration:

The trade mark is registered 10 years from the filing date

Renewal:
Renewable every 10 years

Patent Information

International and Regional Arrangements:

Paris Convention:  Yes

PCT:  Yes (national phase deadline is 30 months from the priority date)

ARIPO:  No

OAPI:  No

Filing Requirements:

Published PCT application or specification, abstract and drawings (required on day of filing)

French translation of title (required on day of filing)

French translation of the specification, claims and abstract (can be late filed)

Power of Attorney, notarised (must be filed within 4 months of notification)

Deed of Assignment or notarised copy thereof (if inventors are not employees of the applicant) (must be filed within 4 months of notification)

International Search Report and International Preliminary Examination Report (can be late filed)

Assignment of Priority Rights or notarised copy thereof, with French translation (if applicant is not the same as priority application) (must be filed within 6 months of filing)

Certified priority document, with French translation thereof (if not lodged in the international phase) (can be filed within 6 months of filing)

Novelty
Absolute novelty is required
Patentability
Pharmaceutical, veterinary, cosmetic and food products are not patentable
Excess Fees:
Excess fees are incurred for specifications in excess of 20 pages and for more than 10 claims, payable at the time of filing
Examination:
Generally as to form only, although some applications are also subjected to substantive examination (the Patent Office has recently been issuing rejection notices without affording applicant’s an opportunity of responding to the rejection. We therefore suggest amending claims in the light of the IPRP at the time of filing or shortly thereafter)
Term of Patent:
15 years from the effective filing date, extendable for a further 5 years
Renewals:
Payable annually from the 3rd anniversary of the local filing date