International and Regional Arrangements

Madagascar is a member of the Paris Convention and Madrid agreement

TRADEMARKS

Types of Trademark Registrable

Service marks are registrable; Madagascar operates a “Single-class” registration system (A separate application is required for each class).  There are provisions for the registration of COLLECTIVE MARKS. There are no provisions for the registration of DEFENSIVE and SERIES MARKS.

Documents required for trademark registration

1. Power of Attorney notarized using a round “seal”.
2. 10 prints, even for word marks in ordinary type.
3. Priority document (if applicable), with verified French translation.

Renewals

Trademarks are valid for an initial period of ten (10) years counting from the date of filing and renewable every (ten) 10 years thereafter a Declaration of Use must be filed every five (5) years

Documents required for renewals

Power of Attorney notarized using a round “seal”.

Documents required for assignments/mergers

1. Power of Attorney notarized using a round “seal”.
2. Deed of Assignment or other instrument of title, notarized, with verified French translation.

Documents required for change of name

1. Power of Attorney notarized using a round “seal”.
2. Certificate of Change of Name, notarized, with verified French translation.

Documents required for change of address

Power of Attorney notarized using a round “seal”.

Documents required for licenses/registered users

1. Power of Attorney notarized using a round “seal”, from proprietor and licensee.
2. License Agreement notarized using a round “seal”, with verified French translation.

PATENTS

Filing requirements

National Phase PCT application

1. Power of Attorney (notarized) (can be late filed within two months)
2. Specification claims and abstract in French (required within five months)
3. Formal drawings, if applicable (required on the day of filing)
4. Copy of Published International Application (required on the day of filing)
5. Copy of International Search Report (can be late filed, no set deadline)
6. Copy of International Preliminary Report on Patentability (can be late filed, no set deadline)

Patents of Invention (Non-PCT):

1. Power of Attorney (notarized) (can be late filed within two months)
2. Specification claims and abstract in French (required within five months)
3. Formal drawings, if applicable (required on the day of filing)
4. Assignment of Priority Rights (can be late filed, no set deadline)
5. Priority document with verified French translation (can be late filed within three months)

Duration and Renewal

The term of a patent is fifteen years from the filing date.