Madagascar Trade Marks & Patents
Madagascar Trade Marks
Madagascar is a first to file country and whomever first files a particular trade mark gets the rights. Madagascar recognises the goods and services classes from the Nice Classification and allows for multi-class filing. Madagascar trade marks are valid for 10 years from the filing date and renewable for further periods of 10 years.
Madagascar is a member of the Madrid Protocol treaty which offers international trade mark filing, registration and maintenance. A single application in Madagascar can be applied to multiple jurisdictions so long as those countries are members of the Madrid Protocol. Madagascar is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states. The Paris Convention provides for the right of priority in the case of patents, trade marks and designs.
Smit & Van Wyk IP lawyers and Africa agents deal exclusively with trade mark law in most African countries, including Madagascar trade marks. Our fields of practice encompass all aspects relating to trade mark applications, renewals and protection. Our services includes trade mark searches, prosecution, maintenance and enforcement, but more specifically:
(1) Providing advice on the registrability, selection, use and retention of trade marks;
(2) Preparing and prosecuting trade mark applications;
(3) Helping clients license or franchise their rights;
(4) Handling of trade mark maintenance including payment of renewal fees and recording amendments.
Madagascar Patents & Designs
Madagascar patents have a duration of 15 years from the filing date with a possible extension of 5 years. Madagascar is a member of the Patent Cooperation treaty (PCT) which provides a unified procedure for filing patents applications in each of its contracting states. A patent application filed under the PCT is called an international application or PCT application.
The patent lawyers at Smit & Van Wyk deal exclusively with patent law including all aspects related to filing patents, PCT national phase applications and industrial designs in most African countries, including Madagascar. Our dedicated team of patent lawyers include engineers and scientists. We provide a wide range of patent-related services across multiple industries and fields of technologies, including patent drafting, filing, prosecution:
(1) We prepare and prosecute patent and design applications;
(2) Advise on the patentability of inventions;
(3) Help clients license, franchise or assign their rights;
(4) Conduct patent searches;
(5) Handle the payment of maintenance fees;
(6) Record amendments to a patent and translate patent specifications into local Languages to maintain the clients rights.
Madagascar designs have a duration of 5 years from the filing date which is extendable for a further 10 years. Industrial designs are filed under the to the Hague Agreement which governs the international registration of industrial designs and allows protection in multiple countries or regions with minimal formalities.
Types of Patents:
Patents of Invention
Patents of Addition
National Phase PCT Application
- Power of Attorney, notarised (must be filed within 2 months of the filing date)
- Specification, claims, drawings and abstract with French translation (required upon filing)
- Deed of assignment (can be late filed)
- Certified copy of the priority document if applicable) with verified French translation (must be filed within 3 months of the filing date)
Duration and Renewal:
The patent has a duration of 15 years from date of filing with a possible extension of a further 5 years. Annual renewal fees are payable every year from the third anniversary of the filing date.
Types of Designs:
- Power of Attorney (must be filed within 2 months of the filing date)
- Drawings or photographs of the design (required upon filing)
- A statement indicating the kind of products for which the design is to be used (required upon filing)
- The nature of the design as well as corresponding class(es) of the International Classification for industrial design
- Certified copy of priority document (if applicable) with verified French translation (must be filed within 3 months of the filing date)
- Deed of assignment (can be late filed).
Duration and Renewal:
The design has an initial term of 5 years from date of filing, with possible extensions of 2 further terms of 5 years each.
Types of Marks:
Goods and services
- Power of Attorney, notarised with French translation
- Details of the Applicant (full names, physical address, nationality/country of incorporation)
- Representation of the trade mark(s)
- List of goods and/or services
- Certified copy of priority document (if applicable) with verified French translation
Duration and Renewal:
Every 10 years, from the 10th anniversary of filing date.
Algeria is a First to File country
(whomever first FILES a particular trade mark gets the rights)