Skip to main content
Country trademark guide · Updated

Trademark registration in Madagascar

In Madagascar, an industrial property agent approved by OMAPI files with the Malagasy Industrial Property Office, or you designate Madagascar through the Madrid System (since 28 April 2008). Madagascar is neither an OAPI nor an ARIPO member state, so neither regional system covers it; filings are in French, and there is no opposition procedure.

Order online · Madagascar trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

Start your order (Madagascar selected) Get a trademark search report first

Five questions first

Which route?For Madagascar alone, file directly with OMAPI through an approved agent; with a home filing and several countries to cover, designate Madagascar through Madrid, which charges no individual fee. Neither OAPI nor ARIPO covers Madagascar.Details ↓What do I need?The applicant's name, address and nationality, the mark, a French list of goods or services by Nice class, and a power of attorney for an approved agent; for a priority claim, a certified copy with French translation within 3 months.Details ↓How are official fees charged?Paid in ariary: filing fee MGA 180,000 covering 3 classes, MGA 20,000 for each class from the fourth, registration and publication included; renewal MGA 200,000. Service fees are quoted after you submit the order.Details ↓How long does it take?OMAPI's guide: formal deficiencies notified at 6 months, refusals at 10 months, and the certificate at about 8 months if nothing is refused; WIPO statistics give an average of 220 days in 2024.Details ↓What are the main risks?OMAPI refuses conflicting earlier marks ex officio and the only remedy is a court action within 2 months; no opposition before registration; assignment deeds need certified signatures and approval; 3 years of non-use ends the right.Details ↓
Key facts

Trademarks in Madagascar: key facts

OfficeThe Malagasy Industrial Property Office (Office Malgache de la Propriété Industrielle, OMAPI), set up by Decree No. 92-994 of 1992 and operating since 1 April 1994, under the technical supervision of the Ministry of Industrialisation and Trade, with administrative and financial autonomy. Website and search links: IP Toolbox.
Legal basisOrdinance No. 89-019 of 31 July 1989 on the protection of industrial property (Ordonnance n° 89-019) and implementing Decree No. 92-993 of 2 December 1992 (as amended by Decree No. 95-057 of 1995); OMAPI's 2025 annual report says a draft of a new industrial property law has been completed and submitted, but no promulgation had been seen as at the check date
Madrid SystemMember of the Madrid Protocol (since 28 April 2008), not of the Madrid Agreement; Madagascar has declared no individual fee, so a designation costs only WIPO's standard complementary fee of CHF 100 (plus a supplementary fee for more than 3 classes) whatever your office of origin, and the declared refusal period is 18 months
Regional systemsNot a member of the African Intellectual Property Organization (OAPI), having left its predecessor OAMPI in 1974, nor of the African Regional Intellectual Property Organization (ARIPO); neither an OAPI unitary mark nor an ARIPO mark covers Madagascar
Multi-class applicationsYes; the filing fee covers 3 classes and each class from the fourth is charged extra; goods or services are listed in groups by Nice class
Local agentAn applicant whose residence or principal place of business is abroad must appoint an industrial property agent (mandataire) approved by OMAPI; the list of approved agents is published every year; the power of attorney is signed by the applicant and filed with the application
LanguageApplications and correspondence are in French (or Malagasy with a French translation); documents in other languages need a translation; the list of goods or services is in French
Scope of examinationA formal examination, then examination of all the grounds in Article 57: distinctiveness, public order and morality, deceptiveness, and conflict with earlier registered or earlier-filed marks, all examined by OMAPI of its own motion
OppositionNo pre-registration opposition: an application that passes examination is registered and published in the Official Industrial Property Gazette; third parties can only ask a court to declare the registration invalid
Corrections and remedies (statutory)After a notice of formal deficiencies, applicants abroad have 2 months to correct them, otherwise the application is not accepted; after a refusal, a court action must be brought within 2 months, as there is no review by OMAPI
Term and renewal10 years from the filing date, renewable for 10 years at a time; renewal is filed within the 12 months before expiry, with a 6-month grace period after expiry on payment of a surcharge, after which the registration lapses automatically
Consequences of non-use (statutory)If the mark is not used within 3 years of the registration date, the right lapses unless the owner can show a legitimate reason
Filing feesMGA 180,000 covering 3 classes, plus MGA 20,000 for each class from the fourth; registration and publication fees included; each priority claim MGA 30,000
Filing volumesOMAPI's 2025 annual report: 1,384 direct applications and 872 Madrid designations; among foreign applicants, China was the leading country of origin on both routes (20% of direct applications, 34.5% of Madrid designations)

Checked on 2026-10-15; general information only — the office's published rules and fees prevail.

Which route

Direct filing or a Madrid designation

Two routes lead to a registration in Madagascar: a direct application to OMAPI through an approved agent, or a Madrid designation of Madagascar. They differ in prerequisites, official fees, when a local agent becomes involved, and dependency risk. In 2025, applicants from China were the largest foreign source on both routes.

The regional routes are closed: Madagascar left OAPI's predecessor, the African and Malagasy Industrial Property Office (OAMPI), in 1974 and has not been an OAPI member state since, so a unitary mark obtained through OAPI trademark registration has no effect in Madagascar; nor is it among ARIPO's 22 member states, so ARIPO trademark registration cannot designate Madagascar either.

ItemDirect application to OMAPIMadrid designation of Madagascar
PrerequisiteNoneA basic application or registration at your office of origin
Official feesFiling fee MGA 180,000 covering 3 classes, plus MGA 20,000 for each class from the fourth, paid in full at filing; registration and publication includedBasic fee paid to the World Intellectual Property Organization (WIPO); Madagascar has declared no individual fee, so its designation costs only the standard complementary fee of CHF 100 (plus a supplementary fee for more than 3 classes). See the WIPO fee calculator
Local agentAn agent approved by OMAPI must be appointed at filing, and the power of attorney filed with the applicationNot needed to file; if OMAPI issues a provisional refusal and a court action is needed, appoint a Malagasy agent as your agent advises
Examination and refusal periodAbsolute grounds and earlier marks are examined ex officio; after a refusal, a court action must be brought within 2 monthsMadagascar has declared an 18-month refusal period and has notified WIPO that ex officio provisional refusals are not open to review by OMAPI; the time limit for replying and the remedy are stated in the notice of refusal
Dependency riskNoneIf the basic application or registration is refused or cancelled within 5 years, the designation of Madagascar falls with it
Best forYou only need Madagascar; you have no home filing to rely on; you want a local agent to handle the whole processYou already have a home filing and are covering several countries at once

Not sure? Run a free search first, then submit an order online; the agent will recommend a route based on the search results.

What to prepare

Documents checklist

For a direct application to OMAPI through an agent, applicants based abroad usually prepare the following information and documents. The application form (Form No. 9) and the list of goods are in French; the power of attorney is signed by the applicant, and as the official texts do not require notarisation or legalisation, provide it as the agent instructs.

Applicant

  • Name (for a company, the name on its registration certificate, in French or English), nationality or country of incorporation, and full address
  • No evidence of use and no declaration of intention to use is required at filing

Agent and power of attorney

  • Appoint an industrial property agent approved by OMAPI; the applicant signs the power of attorney (pouvoir), which is filed with the application
  • Agents renew their approval with OMAPI every year, and the list is published on OMAPI's website

Mark

  • A representation of the mark, in black and white or in colour, no larger than 8 cm by 8 cm; if colours are claimed, state the colours and their arrangement
  • Marks containing Chinese or other foreign-language elements: attach a French translation or explanation as the agent instructs
  • A collective mark must come with certified regulations governing its use

Goods and services

  • Specific goods or services grouped by Nice class, with the class numbers, in French
  • One application may cover several classes; the filing fee covers 3 classes and each class from the fourth is charged extra

Basis of the application

  • Earlier application filed abroad: priority can be claimed within 6 months; the priority declaration, a copy of the earlier application issued by the office of origin and an authorised French translation must be filed with the application or within 3 months after it
  • If the priority applicant is not the applicant in Madagascar, a certified written authorisation is also needed; if the documents are not filed in time, the priority claim is not accepted

A prior search at OMAPI (MGA 30,000 per search) can be ordered through the agent before filing, with results within 2 working days; it reflects the register on the day of the search and does not include Madrid designations not yet published.

How long

Process and timeline

Example: a direct application through an agent, with no refusal. Madagascar has no opposition period; an application that passes examination is registered directly.

  1. Step 1

    Pre-filing search (recommended)

    Ask the agent to order a prior search from OMAPI, with results within 2 working days; OMAPI examines earlier marks of its own motion, so a search matters more here

  2. Step 2

    Filing

    The agent files Form No. 9, the representation of the mark and the power of attorney, and pays the filing fee; payment is a condition of acceptance, and OMAPI then issues a receipt showing the filing date and application number

  3. Step 3

    Formal examination

    OMAPI checks payment, the form, the representation, the list of goods and the classes; if there are deficiencies, OMAPI sends a notice 6 months after filing and applicants abroad have 2 months to correct them (statutory), otherwise the application is not accepted

  4. Step 4

    Substantive examination

    Absolute grounds such as distinctiveness and deceptiveness, plus an ex officio search of earlier registrations and earlier applications; OMAPI's guide states that substantive examination starts 6 months after filing and refusals are notified 10 months after filing

  5. Step 5

    Registration and certificate

    An application that passes examination is entered in the register and the certificate is issued, about 8 months after filing according to OMAPI's guide; WIPO statistics give an average of 220 days to registration in 2024 (official statistics)

  6. Step 6

    Publication

    After registration the mark is published in the Official Industrial Property Gazette (GOPI), which appears quarterly; there is no pre-registration opposition period, and third parties can only ask a court for invalidation

The 6, 8 and 10 months come from OMAPI's published trademark filing guide (2022 edition) and are service standards, not statutory periods; 220 days is the average time to registration reported by the Malagasy office in WIPO's 2024 IP statistical country profile. If there is a refusal, the only remedy is a court action within 2 months of the notice, and the timing then depends on the litigation.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

How much

Official fees

Official fees are in Malagasy ariary (MGA), at the same rate for local and foreign applicants, charged as "one application covering 3 classes + each class from the fourth" and paid in full at filing; registration and publication are included, and no further official fee is due up to registration and the certificate. The table shows the current rates published on OMAPI's website, which does not state their effective date.

ItemChargedAmountApprox. USD
Paid on filing
Application fee (up to 3 classes included, Form No. 9; registration and publication included)Per application180,000 MGA≈ USD 40
Application fee: each class from the 4th onwards (the first 3 classes are included in the application fee)Each additional class20,000 MGA≈ USD 4
Priority claim fee (per priority claimed)Per item30,000 MGA≈ USD 7
Keeping the registration
Renewal fee (within 12 months before expiry, Form No. 10, up to 3 classes included; publication included)Per application200,000 MGA≈ USD 44
Renewal fee: each class from the 4th onwards (the first 3 classes are included in the renewal fee)Each additional class20,000 MGA≈ USD 4
Surcharge for late renewal (within the 6-month grace period, in addition to the renewal fee)Per application40,000 MGA≈ USD 9
Other
OMAPI prior-mark search (optional before filing, per mark)Per item30,000 MGA≈ USD 7
Request for restoration of rights (deadline missed due to force majeure, per mark)Per application40,000 MGA≈ USD 9
Recordal in or cancellation from the register (assignment, change of name or address, licence, etc., per mark)Per item30,000 MGA≈ USD 7
Statement of entries in the register (per mark)Per item10,000 MGA≈ USD 2
Handling fee for an international application (Madrid, Madagascar as office of origin, mailing included, payable to OMAPI)Per application200,000 MGA≈ USD 44
Request to replace a national registration by an international registrationPer application100,000 MGA≈ USD 22
Transformation of an international registration into a national registrationPer application180,000 MGA≈ USD 40

Source: Office Malgache de la Propriété Industrielle (OMAPI), Taxes en matière de marques ; Guide de dépôt de marque F-R3-33-01；Office Malgache de la Propriété Industrielle (OMAPI), Taxes en matière de marques；Office Malgache de la Propriété Industrielle (OMAPI), Taxes en matière de marques ; Guide pour le renouvellement F-R3-33-02；Office Malgache de la Propriété Industrielle (OMAPI), Guide pour le renouvellement F-R3-33-02；Office Malgache de la Propriété Industrielle (OMAPI), Taxes pour le système de Madrid · checked on 2026-10-15 · USD figures are approximate, converted at the Bank of China spot selling rate (or, for currencies it does not quote, at the central bank's published USD rate); the official fee is the amount in the original currency

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: for 1 to 3 classes you pay MGA 180,000 at filing; for 4 classes, MGA 180,000 + 20,000 = MGA 200,000. Each priority claim adds MGA 30,000; a prior search at OMAPI before filing costs MGA 30,000 per search.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to Madagascar and common refusals

These are the rules specific to Madagascar that are easy to overlook, and the most common problems in examination.

No opposition procedure: earlier rights holders rely on watching the gazette and on the courts

Ordinance No. 89-019 provides only for formal and substantive examination; an application that passes is registered and published by OMAPI, with no opposition period after publication. If your mark is registered in Madagascar and you find a similar mark has been registered, your only remedy is to ask the competent civil court to declare that registration invalid; conversely, nobody can block your application at the examination stage, but the registration can be challenged in court at any time. Having the agent check the Official Industrial Property Gazette regularly is essential.

Similar earlier marks are refused ex officio, and the only remedy is a court action

OMAPI's substantive examination covers the relative grounds in Article 57: a mark identical or similar to a registered or pending mark for identical or similar goods is refused outright, without waiting for the earlier owner to act. The only remedy after a refusal is a court action within 2 months; there is no review or hearing before OMAPI, and Madagascar has also notified WIPO that ex officio provisional refusals of Madrid designations are not open to review. A search before filing, and a consent from the earlier owner where needed, are far more reliable than trying to fix things afterwards.

Assignment deeds need certified signatures and approval by the competent ministry

Assignments, licences and pledges of a mark must be in writing, otherwise they are void; to record an assignment you file the deed with certified signatures (légalisées), with a French or Malagasy translation if it is in another language. Under Article 71 of the Ordinance, an assignment contract takes effect only after the competent ministry has reviewed its suitability and approved it, and it binds third parties only once recorded. When buying assets that include a Malagasy mark, build the time for certification and approval into the closing schedule.

3 years of non-use after registration extinguishes the right

Under Article 83, the trademark right lapses if the mark is not used within 3 years of the registration date, unless the owner can show a legitimate reason. The period runs from the registration date, not the filing date, and is shorter than the 5 years common in most countries. Use can only be proved by written, printed or documentary evidence contemporaneous with the use, so keep dated sales and advertising material once you enter the market.

Documents in French, and priority documents within 3 months

The application, the list of goods and correspondence must be in French (or Malagasy with a French translation); documents in other languages need a translation. If you claim priority from a filing abroad, the priority declaration, the copy of the earlier application issued by the office of origin and an authorised French translation must be filed with the application or within 3 months after it, with a certified authorisation if someone other than the earlier applicant claims it; late documents mean the priority claim is not accepted, and priority counts in the examination of relative grounds.

Licence contracts need a quality-guarantee clause and can be recorded

A licence contract must be in writing and contain an effective guarantee by the licensor of the quality of the licensee's goods or services, otherwise it is void; where sub-licensing is allowed, the quality of the sub-licensee's goods must be guaranteed too. The contract may be recorded with OMAPI on payment of a fee, after which nobody can plead ignorance of it. Draft licences with Malagasy distributors to meet this requirement.

Get a trademark search report: can your mark be registered in Madagascar?

Sign in, enter the mark and goods and submit a preliminary search; charged per search, with the report delivered to your account and email.

Get a search report
After registration

Keeping the registration

A Malagasy registration needs no periodic declarations of use, but the right lapses after 3 years of non-use following registration, and a registration whose renewal misses the grace period lapses automatically.

WhenWhat to doOfficial fee
Continuously after registrationUse the mark genuinely in Madagascar and keep dated evidence; the right lapses if the mark is not used within 3 years of the registration dateNone
Within the 12 months before expiry, then every 10 yearsRenewal (Form No. 10), filed by an approved agent; the goods can only be reduced, not extended, and the representation cannot be changedMGA 200,000 (covering 3 classes), plus MGA 20,000 for each class from the fourth
Within the 6-month grace period after expiryLate renewal with a surchargeRenewal fee plus MGA 40,000
After a deadline missed through force majeureRequest restoration of rights, with evidence of the force majeure, decided by OMAPI after examinationMGA 40,000
At any timeAssignment, change of name or address, recording of a licence (entered in the trademark register and published in the gazette); certificate of the register statusRecording or cancellation of an entry MGA 30,000 per mark; certificate of register status MGA 10,000 per mark

Renewal can only be made in the name and details last recorded in the register, so record any change of name, address or owner before or together with the renewal. E-commerce platforms' brand registries usually also require a registered or pending mark.

FAQ

Trademark registration in Madagascar

How much does trademark registration in Madagascar cost?

Official fees are in ariary, at the same rate for local and foreign applicants: a filing fee of MGA 180,000 covering 3 classes, plus MGA 20,000 for each class from the fourth, paid in full at filing, with registration and publication included. Each priority claim costs MGA 30,000, and a prior search at OMAPI before filing MGA 30,000 per search. Renewal costs MGA 200,000 (covering 3 classes), plus a surcharge of MGA 40,000 in the grace period. Service fees are quoted by the agent after you submit the order.

How long does trademark registration in Madagascar take?

OMAPI's published trademark filing guide sets service standards: formal deficiencies are notified 6 months after filing, substantive examination starts from the sixth month, refusals are notified at the tenth month, and if nothing is refused the certificate is issued about 8 months after filing. WIPO's 2024 IP statistical country profile records an average of 220 days to registration. There is no opposition period; the mark is published after registration.

Can an OAPI or ARIPO application protect my mark in Madagascar?

No. Madagascar left OAPI's predecessor OAMPI in 1974 and has not been an OAPI member state since, so an OAPI unitary mark does not cover it; nor is it an ARIPO member state, so an ARIPO mark cannot designate it. Protection in Madagascar comes only from a direct application to OMAPI or a Madrid designation. For the coverage of the two organisations, see OAPI trademark registration and ARIPO trademark registration.

Does a foreign company need a local agent in Madagascar?

Yes. Article 132 of Ordinance No. 89-019 requires an applicant whose residence or principal place of business is abroad to appoint an agent or representative domiciled in Madagascar and approved by OMAPI; approval is renewed every year, and OMAPI publishes the list annually. The power of attorney is signed by the applicant and filed with the application; whether notarisation or legalisation is needed is not stated in the official texts, so provide it as the agent instructs.

How does a Madrid designation of Madagascar differ from a direct application?

Madagascar has been a member of the Madrid Protocol since 28 April 2008, so with a basic application or registration at your office of origin you can designate it in an international application. It has declared no individual fee to WIPO, so a designation costs only the standard complementary fee of CHF 100 (plus a supplementary fee for more than 3 classes); but it has declared an 18-month refusal period and has notified WIPO that ex officio provisional refusals are not open to review by OMAPI. After a provisional refusal, act within the time limit and in the manner stated in the notice, which generally means appointing a Malagasy agent to bring a court action.

How long does a Malagasy trademark last, and how is it renewed?

10 years from the filing date, renewable for 10 years at a time without limit. Renewal is filed by an approved agent on Form No. 10 within the 12 months before expiry, with a fee of MGA 200,000 (covering 3 classes); it can still be filed in the 6-month grace period after expiry with a surcharge of MGA 40,000, and if the grace period is missed too, the registration lapses automatically. Renewal can only reduce the goods, not change the representation; OMAPI's guide states that the renewal certificate is issued about 3 months after filing.

Other IP rights

Patents: Malagasy patents are examined by OMAPI under Ordinance No. 89-019, with a term of 15 years from the filing date, extendable by 5 years where the conditions are met; you can enter the Malagasy national phase through the PCT (since 24 January 1978). Madagascar is not a member of OAPI or ARIPO, so regional patents do not cover it.

Industrial designs: registered protection runs 5 years from the filing date, renewable twice for 5 years each, up to 15 years. Madagascar is not a member of the Hague Agreement, so a national application must be filed with OMAPI.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

Mauritius　·　South Africa　·　Kenya　·　Tanzania　·　African Intellectual Property Organization (OAPI)　·　African Regional Intellectual Property Organization (ARIPO)

Ready to file?

Order online · Madagascar trademark registration

Enter the mark, classes and applicant; an agent quotes after you submit. Once you accept the quote you pay online and can follow progress in your account.

Start your order (Madagascar selected) Get a trademark search report first

Questions first?

Leave your question and an agent will reply.
Have a question? Tell us…
Please enter your name (without web addresses)
Please enter a valid email address
Please enter a valid phone number
Please describe your inquiry (no HTML code or link markup, and at most one web address)
Verification pending or too many submissions, please try again later

Notice: the services described on this page are carried out by locally licensed partner firms; J&C is your point of contact and coordinates and delivers the work. Fees shown are estimates; official fees are those actually charged by the office and the final quote is confirmed by an agent. Examination times are set by each office and the outcome depends on official examination; we make no promise as to results. By submitting an order you agree that the information needed for the work is shared with the relevant partner firm (which may be outside your country). This page is general information, not legal advice.

Terms of Use · Privacy Policy