# Trademark registration in Madagascar

> Trademarks in Madagascar are registered with the Office Malgache de la Propriété Industrielle (OMAPI). A registration lasts 10 years from the filing date and can be renewed. Madagascar can be designated through the Madrid System.

Source page: https://trademarkshub.com/trademarks/madagascar
Facts checked against official sources: 2026-10-11

## Key facts
- **Trademark office:** Office Malgache de la Propriété Industrielle (Malagasy Industrial Property Office) (OMAPI)
- **Madrid Protocol:** Member since 2008
- **Protection:** 10 years from the filing date, renewable
- **Multi-class applications:** Allowed
- **Foreign applicants:** The implementing decree does not expressly require foreign applicants to appoint a local agent, but representatives mus…

## Official links
- Trademark office: https://www.omapi.mg/
- Law: Ordinance No. 89-019 of 31 July 1989 establishing a regime for the protection of industrial property — https://www.wipo.int/wipolex/en/legislation/details/5313
- Law: Decree No. 92-993 of 2 December 1992 implementing Ordinance No. 89-019 (as amended by Decree No. 95-057 of 17 January 1995) — https://www.wipo.int/wipolex/en/legislation/details/5314

## Steps
1. Appoint an approved industrial property agent registered with OMAPI if filing through a representative, and sign the agent's power of attorney on the prescribed form.
2. File the prescribed application form with OMAPI in French (or Malagasy with a French translation), with a reproduction of the mark, the goods and services grouped by Nice class, and proof of fee payment.
3. OMAPI carries out an administrative (formalities) examination and invites the applicant to correct any deficiencies.
4. OMAPI examines the mark on substance against the statutory grounds for refusal.
5. OMAPI registers the mark and publishes it in the Gazette Officielle de la Propriété Industrielle.

- **Examination:** OMAPI conducts an administrative examination and a substantive examination before registration (Ordinance 89-019, art. 62); no official examination time is stated.
- **Publication:** Gazette Officielle de la Propriété Industrielle (after registration)
- **Late renewal:** 6 months after expiry, with a surcharge (Ordinance 89-019, art. 69(2)); renewal can be requested in the 12 months before expiry
- **Power of attorney:** Where an agent files, a power of attorney on the prescribed form, signed by the applicant, must be submitted (Decree 92-993, arts. 3 and 86); notarisation or legalisation requirements could not be verified.
- **Language:** French, or Malagasy with a French translation; documents in other languages must be translated
- **Use requirement:** a registration can be challenged after 3 years of non-use.

## Good to know
- Applications must be in French, or in Malagasy accompanied by a French translation.
- The 1989 Ordinance provides no pre-registration opposition procedure; challenges are made by court action for nullity after registration.
- A registered mark can be cancelled if it is not used within three years of the registration date, unless the owner shows legitimate reasons.
- Marks are published only after registration, in the Gazette Officielle de la Propriété Industrielle, and the register may be consulted free of charge.
- Madagascar can be designated in international registrations under the Madrid Protocol (in force since 28 April 2008).

## FAQ
### Is Madagascar part of the Madrid Protocol?
Yes. The Madrid Protocol has been in force for Madagascar since 28 April 2008.

### How long does a trademark registration last in Madagascar?
Ten years from the filing date, renewable for further 10-year periods, with a six-month grace period after expiry on payment of a surcharge.

### What language is used to file a trademark in Madagascar?
French, or Malagasy with a French translation.

### Is there a trademark opposition period in Madagascar?
The 1989 Ordinance does not provide a pre-registration opposition procedure; marks are published after registration and can be challenged in court.

### Can a trademark be cancelled for non-use in Madagascar?
Yes. Rights can be lost if the mark is not used within three years of registration, unless the owner shows legitimate reasons.

## Sources
- WIPO Lex – Madagascar Ordinance No. 89-019: https://www.wipo.int/wipolex/en/legislation/details/5313
- WIPO Lex – Madagascar Decree No. 92-993: https://www.wipo.int/wipolex/en/legislation/details/5314
- WIPO Lex – Madagascar profile: https://www.wipo.int/wipolex/en/members/profile/MG
- OMAPI home page: https://www.omapi.mg/
- WIPO Lex – Madrid Protocol contracting parties: https://www.wipo.int/wipolex/en/treaties/ShowResults?search_what=C&treaty_id=8

Need a firm that files in Madagascar? Find one at https://trademarkshub.com/trademarks/madagascar (TrademarksHub lists IP firms by country; featured placements are paid and labelled).
General information, not legal advice.