As an Industrial Property Agent/Engineer established in Madagascar, are you also authorized to work with other African national offices? If so, which ones?
Our authorization as Industrial Property Agent/Engineer is territorially limited to Madagascar. As a result, we are not authorized to work with other African national offices. However, we have partners in Africa to whom we can confidently refer you.
I’d like to protect a software. Can you help me?
Software is protected under copyright law, not industrial property law. It is protected by the Office Malgache des Droits d’auteur (OMDA) and not by the Office Malgache de la Propriété Industrielle (OMAPI), to which we report as Industrial Property Representative/Engineer. Subsequently, we are not entitled to help you protect software.
For how long are industrial property rights protected in Madagascar?
In Madagascar, term of protection related to industrial property rights is :
15 years for patents, with the possibility of an additional extension of up to 5 years,
10 years for trademarks, with the possibility of unlimited renewals,
10 years for trade names, with the possibility of unlimited renewals,
5 years for industrial designs, with the possibility of up to two successive renewals.
Is it possible to protect a multi-class trademark in Madagascar?
It is possible to file a single application under multiple classes in Madagascar.
Is it important to detail the list of goods and/or services for each class chosen in the application?
Yes, it is very important to detail the list of goods and/or services for each class chosen in the application. In fact, the Malagasy National Office is tending more and more to reject general class headings. Instead, it aims to protect only the detailed products or services under a class, with reference to the Nice Classification numbering in force at the time of filing.
How long does it take to obtain a trademark registration certificate?
Generally, it takes between 8 and 10 months from the filing of the application to registration.
Can I oppose a decision by the National Office?
Current legislation does not provide for an opposition procedure before the National Office. Any decision taken by the Office is final and can only be contested before courts.
