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Madagascar
Information on the filing of Patents, Designs and trademarks in Madagascar

South AfricaMauritania, member of OAPI & PCTMali, member of OAPI & PCTNiger, member of OAPI & PCTBakina Faso, member of OAPI & PCTIvory Coast, member of OAPIGuinea, member of OAPISenegal, member of OAPIChad, member of OAPICameroon, member of OAPICentral African Republic, member of OAPICongo, member of OAPIGabon, member of OAPILibyaSudan, member of ARIPOKenya, member of ARIPOBenin, member of OAPITogo, member of OAPIGuinea Bisaau, member of OAPIMali, member of OAPIEquatorial Guinea, member of OAPIAlgeriaAngolaDemocratic Republic of CongoMoroccoMadagascarNigeriaEgyptEthiopiaLiberiaTanzania, member of ARIPOZambia, member of ARIPOZambia, member of ARIPOMozambique, member of ARIPOSierra Leone, member of ARIPOUganda, member of ARIPOTunisiaGhana, member of ARIPOLesotho, member of ARIPOSomaliaEritreaRwandaMalawi, member of ARIPOSwaziland, member of ARIPOSouth Africamember of OAPIBurundimember of ARIPOmember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of OAPImember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of OAPImember of ARIPOmember of ARIPOmember of OAPImember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOmember of ARIPOBurundi

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Head Office
Tel: (27)(12) 342 1774
Fax: (27)(12) 342 3027
222 Richard Street, Hatfield, 0028, South Africa
P.O.Box 13575 Hatfield 0028
Republic of South Africa
Docex 219 Pretoria
hahn@hahn.co.za

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Office Hours:
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We are closed on Saturdays, Sundays and Public Holidays although our professional staff can often be reached on their emails after hours or by prior arrangement.

 

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PATENT REGISTRATIONS

Madagascar is a member of the International Convention and of the PCT.

The requirements for filing a non-PCT application in Madagascar are as follows:

(a) Power of Attorney (notarised) - can be late filed within two months;
(b) Specification, claims and abstract in French - can be filed in English initially provided French translation filed within 2 months;
(c) Formal drawings, if applicable - required on the day of filing;
(d) Assignment of Invention (simply signed) - can be late filed within two months; and
(e) Priority document with verified French translation - can be late filed within three months.

The requirements for filing a PCT application in Madagascar are as follows:

(i) Power of Attorney (notarised) - can be late filed within two months;
(ii) Specification, claims and abstract in French (if any of these parts have been amended, only as amended by the annexures to the IPER) - can be filed in English initially provided French translation filed within 2 months;
(iii) Formal drawings, if applicable - required on the day of filing;
(iv) Copy of the PCT Application as published by WIPO - required on the day of filing;
(v) Copy of the International Search Report - can be late filed, no set deadline;
(vi) Copy of the International Preliminary Examination Report (including annexures relating to amendment, if applicable) - can be late filed, no set deadline; and
(vii) Assignment of Invention (simply signed) - can be late filed within two months.

We estimate that the costs involved for filing an application in Madagascar will be between about US$ 2300.00 and US$ 2500.00. To this must be added charges of about US$ 100.00 per priority claim, about US$ 40.00 for each page of the description over 20, and about US$ 60.00 for each claim over the first 10. Furthermore, we are able to attend to translations from English to French at a cost of US$ 30.00 per 100 words (if required).

Annuities are due from the 2nd anniversary of the filing date (which is the international filing date for PCT national phase applications). Accordingly, outstanding annuities may be payable for PCT applications upon national phase entry at a cost of about US$ 500.00 per year.

TRADEMARK REGISTRATIONS

1. Filing requirements

1.1 Full name, street address and description of the applicant (including trading style, if any, and state/country of incorporation, if incorporated).
1.2 List of goods and/or services.
1.3 A power of attorney, signed before a Notary Public.
1.4 10 prints of the mark.
1.5 If Convention priority is claimed: a certified copy of the basic application together with a French translation.

2. Classification

2.1 The 45 classes of the International Classification are followed.
2.2 Multiclass - Yes

3. General

3.1 Duration : 10 years from filing date and renewal for further periods of 10 years
3.2 Use : The right in a mark shall lapse for failure to use a mark within three years from the date of registration, without a legitimate excuse.
3.3 Marking : No provision.
3.4 Licenses : Must be in writing and recorded at the Industrial Property Office to be effective.
3.5 Assignments of applications are permitted
3.6 Search results available in approximately 5 - 10 working days

4. Costs (US$)

4.1a Application: 1 - 3 classes: $940, additional classes over three filed simultaneously $95 each.
4.1b Additional applications filed simultaneously: $850 each
4.1c Claiming priority: $100
4.2 Assignment : First trade mark $490, additional trade marks filed simultaneously $210 each.
4.3 Change of name or address: First trade mark/class $250, additional trade marks/classes filed simultaneously $140 each
4.4a Renewal: 1 - 3 classes $680, additional marks renewed simultaneously $560 each.
4.4b Late renewal fine: $110 per mark
4.5a Search: 1 trade mark in 1 class - From $340, additional classes $190 each
4.5b Status/spot search: $190 per mark

*** Above quotations exclude courier charges ***

DESIGN REGISTRATIONS

Design protection is obtainable via a national filing. Madagascar is a member of the International Convention. The requirements for filing an application in Madagascar are as follows:

(a) Power of Attorney (notarized);
(b) 3 sets of formal drawings; and
(c) Certified copy of the priority document (if priority is claimed).

Please note that the documents listed under item (b) are required on the day of filing. Items (a) and (c) can be lodged up to 2 months after filing.

Our cost estimate for filing a design application in Madagascar is between about US$ 2200.00 and US$ 2400.00. To this must be added the fees for claiming each priority date at about US$ 50.00 per priority claim.