Trademark Registration in Madagascar: Protect Your Brand Nationwide
Trademark registration in Madagascar is administered by the Office Malgache de la Propriété Industrielle (OMAPI — Malagasy Office of Industrial Property), operating under the Ministry of Industry and Trade of the Republic of Madagascar. OMAPI is the competent national authority responsible for the filing, examination, publication, and registration of trademarks in Madagascar. The Malagasy trademark system follows a first-to-file principle and is rooted in French civil law traditions, reflecting Madagascar’s heritage as a former French colony and its continued membership of the Organisation internationale de la Francophonie (OIF). Madagascar is a member of the African Union, the Common Market for Eastern and Southern Africa (COMESA), the Indian Ocean Commission (IOC), the Southern African Development Community (SADC), and the World Trade Organization.
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Madagascar trademark registration at a glance
- Classification
- Nice Classification, 45 classes
- Madrid Protocol
- Yes, member since 2008
- Language
- French and Malagasy
- Opposition period
- No formal opposition
- Typical timeline
- 6 to 12 months without objections
- Validity
- 10 years, renewable
* Timelines assume no objections or oppositions. Laws change, so contact us to confirm current requirements.
Introduction
The Republic of Madagascar is an island nation in the Indian Ocean situated approximately 400 kilometres off the southeastern coast of the African continent, separated from Mozambique by the Mozambique Channel. The world’s fourth-largest island, Madagascar is home to a population of approximately 28 million people and is one of the world’s most biodiverse nations — over 90% of its wildlife is found nowhere else on Earth, making it a globally significant centre for conservation, scientific research, and ecotourism. Antananarivo, the capital, is Madagascar’s largest city and the administrative and commercial centre. Madagascar’s economy is anchored in agriculture (vanilla — Madagascar is the world’s leading vanilla producer — cloves, coffee, lychee, and rice), mining (ilmenite, chromite, cobalt, nickel, sapphires, and rubies), fisheries, textiles and apparel (with preferential access to US markets under AGOA), and a growing tourism and ecotourism sector. Madagascar has dual official languages — Malagasy and French — and its legal and institutional framework reflects French civil law traditions. Trademark protection in Madagascar is relevant for businesses in agri-food (particularly vanilla, cloves, and spices), mining and natural resources, textiles and apparel, tourism, and any sector with commercial interests in Madagascar or the broader Indian Ocean island region.
Why register your trademark in Madagascar
Exclusive Rights: Grants exclusive legal ownership and the right to use your trademark throughout the Republic of Madagascar for the registered goods and services, with statutory priority over later conflicting marks under the first-to-file system.
Legal Enforcement: Enables you to take action against infringement, counterfeiting, and unauthorised use through OMAPI and the Malagasy courts, with civil and criminal remedies available under Law No. 2017-014 and Malagasy civil law.
Nationwide Protection: Secures trademark protection across the entire territory of Madagascar, including Antananarivo and major commercial centres such as Toamasina (principal port), Mahajanga, Fianarantsoa, and Toliara, and supports anti-counterfeiting actions through border measures administered by the Malagasy Customs Directorate.
Premium Products & GI Protection: Madagascar’s position as the world’s leading vanilla producer and a significant producer of premium spices, gemstones, and natural resources makes brand and provenance protection essential for exporters and investors in these high-value sectors.
Madrid Protocol Gateway: Madagascar’s Madrid Protocol membership enables cost-effective multi-country filing strategies that can include Madagascar within a broader Indian Ocean, African, or global trademark portfolio.
Asset Value: A registered trademark is a transferable intangible asset that can be licensed, franchised, pledged, or assigned to support commercial growth, export financing, joint ventures, and AGOA-related textile and apparel transactions.
Our trademark services in Madagascar
End-to-end support from our licensed in-country attorneys, from the first search to lifelong protection.
Attorney-Assisted Search
In-depth legal search of the OMAPI register and WIPO Madrid Database to identify potential conflicts before filing.
Trademark Registration Services
Complete filing and application management for Madagascar national trademarks — handled by qualified agents experienced with OMAPI.
Trademark Renewal Services
Hassle-free renewals to maintain your Madagascar trademark protection, with proactive deadline monitoring and docketing.
Watch & Monitoring Services
Continuous monitoring of OMAPI publications and the WIPO Madrid Database to identify potential conflicts, including across Indian Ocean and COMESA jurisdictions.
Ownership Transfer / Assignment
Efficient handling of trademark ownership transfers, corporate mergers, and restructuring recordals with OMAPI.
Licensing & Franchising Support
Expert guidance to license, franchise, or expand your brand within Madagascar and across the Indian Ocean, COMESA, SADC, and Francophone African markets.
Opposition & Enforcement
End-to-end representation in opposition and appeal proceedings before OMAPI and Malagasy courts, and in civil and criminal infringement proceedings.
Customs Recordal & Anti-Counterfeiting
Recordal of trademarks with the Malagasy Customs Directorate and coordination of border seizure actions, including at the Port of Toamasina and Antananarivo airport.
Trademark registration process in Madagascar
Here is how to register a trademark in Madagascar, step by step.
Here is the step-by-step process followed for trademark registration in Madagascar. Legacy Partners manages each stage on your behalf — from initial clearance through to issuance of the registration certificate by OMAPI.
Madagascar Trademark Search & Application
We begin with a comprehensive availability search of the OMAPI register and the WIPO Madrid Database (for international registrations designating Madagascar) to identify potential conflicts before filing. Once clearance is confirmed, the application is prepared in French or Malagasy and filed with OMAPI in Antananarivo — either as a national filing or as the national phase of a Madrid Protocol designation. Legacy Partners manages all documentation, translation, and power of attorney requirements on the client’s behalf through its network of experienced local agents.
Formal & Substantive Examination
OMAPI conducts a formal examination (verifying applicant details, classification, fees, power of attorney, and documentation completeness) followed by a substantive examination on absolute grounds (distinctiveness, descriptiveness, deceptiveness, public order, and official emblems), consistent with Law No. 2017-014 and Madagascar’s TRIPS obligations. Office actions, if any, must be responded to within the prescribed deadlines. Local representation by a qualified agent is required for foreign applicants.
Acceptance and Publication
Once the application clears examination, the mark is published in the Official Gazette of the Republic of Madagascar (Journal Officiel de la République de Madagascar) and/or the OMAPI Bulletin, opening a two-month window for third-party opposition.
Opposition Period
Third parties holding prior rights may file an opposition within two (2) months from the date of publication. Grounds include identity or similarity with an earlier registered or well-known mark, bad-faith filing, or other grounds under Law No. 2017-014. Oppositions are decided by OMAPI, with appeal available to the competent Malagasy courts.
Registration & Certificate
If no successful opposition is raised, OMAPI registers the mark in the Malagasy Trademark Register (Registre des Marques), issues a Certificate of Registration, and publishes the registration. The mark is then enforceable against third parties throughout the Republic of Madagascar.
Validity & Renewal
The trademark is valid for 10 years from the filing date and is renewable indefinitely for successive 10-year periods on payment of renewal fees to OMAPI.
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Documents required for trademark registration in Madagascar
Applicant name & business entity (individual or company, with registered address)
Trademark details (word mark, figurative/logo, combined, or other mark type)
Classes of goods and/or services (Nice Classification)
Power of attorney (notarised and apostilled or legalised; certified French or Malagasy translation required for foreign applicants)
Specimen or representation of the mark (for figurative or non-standard marks)
List of goods/services (in French or Malagasy, clear and precise specification)
Priority documents (if claiming convention priority under the Paris Convention)
Certified French or Malagasy translation of all documents not originally in French or Malagasy
Timeline, validity and renewal
How long registration takes
Approximately 12 to 18 months for registration in a straightforward case without objections or oppositions. OMAPI operates with developing administrative capacity and processing times may vary. Where a Madrid Protocol designation is used, the timeline may vary depending on the procedural status at WIPO and examination requirements at OMAPI. Applicants are advised to file early and to retain experienced local representation to monitor application progress proactively. Legacy Partners maintains direct contact with OMAPI to track each application on behalf of clients.
Validity and renewal
The trademark is protected for 10 years from the filing date, renewable indefinitely for further 10-year periods on payment of renewal fees to OMAPI. A grace period may be available after expiry, subject to applicable surcharges. Madagascar requires genuine use of the trademark within three (3) years of registration — a shorter non-use vulnerability period than many jurisdictions. Failure to use the mark within this period may expose it to cancellation on grounds of non-use upon the application of any interested third party. Rights holders should document commercial use in Madagascar carefully and plan for genuine market activity at or soon after registration.
Governing Law
Trademark protection in Madagascar is principally governed by Law No. 2017-014 of 9 August 2017 on Industrial Property (Loi No. 2017-014 sur la Propriété Industrielle, as amended), which modernised Madagascar’s IP framework and establishes OMAPI as the national IP authority. The Law is supplemented by implementing decrees, the Civil Code of Madagascar (Code Civil malgache) for contractual IP matters, the Penal Code for criminal enforcement of trademark rights, and Customs legislation for border measures. Madagascar is a member of the Paris Convention and the Madrid Protocol, and is a WTO member bound by TRIPS minimum standards. Madagascar is also a member of WIPO and the Organisation internationale de la Francophonie. Given Madagascar’s French civil law heritage, French IP jurisprudence and doctrine may provide relevant interpretive guidance for the application of Malagasy trademark law.
Trademark Classes Madagascar (Nice Classification)
Madagascar follows the Nice Classification system, categorising trademarks into 45 classes — 34 for goods (Classes 1–34) and 11 for services (Classes 35–45). Multi-class applications are permitted. Applicants should work with experienced local agents to ensure that the specification of goods and services is appropriately drafted in French or Malagasy and consistent with Nice Classification standards as applied by OMAPI. Particular attention to classification is recommended for Madagascar’s key export sectors: vanilla and spices (Class 30), essential oils and cosmetics ingredients (Class 3), gemstones and precious metals (Class 14), textiles and apparel (Classes 24 and 25), tourism and hospitality (Classes 39, 43), and mining and natural resources services (Class 37).
Client stories
Businesses that trust us with their brands across borders.
We had an excellent experience working with Legacy Partners for trademark registration and brand protection services in India. Their expert team guided us throughout the filing process, ensuring accurate documentation, timely updates, and seamless support. Their professionalism and intellectual property expertise gave us confidence in protecting our brand identity while supporting our expansion into new markets.
We had a seamless experience working with Legacy Partners for trademark registration services in Bahrain. Their professional team provided excellent support throughout the trademark filing process, ensuring timely updates, accurate documentation, and smooth coordination. Their expertise in intellectual property and brand protection services helped us secure our brand identity with confidence.
* Client stories are shared with permission.
Trademark registration in Madagascar: FAQ
How long does trademark registration take in Madagascar?
If no objections or oppositions arise, trademark registration in Madagascar typically takes approximately 12 to 18 months from the filing date through to issuance of the registration certificate by OMAPI. Timelines may vary depending on OMAPI’s workload and whether a Madrid Protocol designation is involved.
Do I need a local representative to file a trademark in Madagascar?
Yes. Foreign applicants are required to act through a locally authorised agent experienced with OMAPI in Antananarivo. Direct filing by foreign applicants without local representation is not permitted. Legacy Partners provides full local representation through its network of OMAPI-experienced agents.
Are multi-class trademark applications permitted in Madagascar?
Yes. OMAPI permits multi-class applications. A single application may cover multiple classes of goods and/or services, with an additional official fee payable for each class.
What is the validity period of a trademark registration in Madagascar?
A trademark registered in Madagascar is valid for 10 years from the filing date and is renewable indefinitely for successive 10-year periods, subject to timely payment of the renewal fee to OMAPI.
Can I register a trademark in Madagascar without a local company?
Yes. Individuals and foreign companies may register a trademark in Madagascar without incorporating a local entity. The appointment of an authorised local agent to manage the filing and prosecution before OMAPI is required for all foreign applicants.
What languages are used for filing in Madagascar?
Filings before OMAPI may be made in French or Malagasy, the two official languages of Madagascar. French is most commonly used for IP filings given Madagascar’s French civil law tradition and the prevalence of French in commercial and legal practice. Legacy Partners manages all translation and documentation requirements on behalf of clients filing from non-French and non-Malagasy-speaking jurisdictions.
What is the opposition period after publication in Madagascar?
The opposition period in Madagascar is two (2) months from the date of publication of the application in the Journal Officiel de la République de Madagascar and/or the OMAPI Bulletin. Third parties holding prior rights may file an opposition within this window.
Is Madagascar a member of the Madrid Protocol?
Yes. Madagascar is a member of the Madrid Protocol for the International Registration of Marks. A WIPO international application can designate Madagascar as part of a multi-country filing strategy, enabling cost-effective simultaneous trademark protection across multiple jurisdictions. This is a practical route for clients seeking Madagascar coverage as part of a broader Indian Ocean, African, or global trademark portfolio.
What is the use requirement for trademarks in Madagascar?
A registered trademark must be put to genuine use in Madagascar within three (3) years of registration. This is a shorter non-use vulnerability period than many jurisdictions. A trademark that has not been genuinely used within this period may be vulnerable to cancellation on non-use grounds upon application by any interested third party. Rights holders should plan for genuine commercial use in Madagascar at or soon after registration and maintain careful documentation of use.
Why is Madagascar strategically important for trademark registration in the vanilla and spices sector?
Madagascar is the world’s leading vanilla producer, supplying approximately 80% of the global vanilla market. It is also a significant producer of cloves, pepper, cinnamon, and essential oils used in the food, fragrance, and cosmetics industries. For brand owners and traders in these sectors, trademark registration in Madagascar is important not only to protect brand identity but also to support provenance protection, quality differentiation, and anti-counterfeiting enforcement along the supply chain. The registration of geographical indications (GIs) and certification marks for Malagasy vanilla and spices is also an increasingly relevant IP strategy for producers and exporters seeking premium market access.
Does a Madagascar trademark protect me in other Indian Ocean or African countries?
No. A trademark registered in Madagascar provides protection only within the national territory. To protect your brand in Mauritius, Seychelles, Comoros, Mozambique, Kenya, or other Indian Ocean or African states, separate national filings or — where applicable — ARIPO designations (noting Madagascar is not an ARIPO member) are required. Legacy Partners can manage multi-country Indian Ocean and African filing strategies on your behalf.
Does Madagascar recognise well-known marks?
Yes. As a member of the Paris Convention and the WTO, Madagascar extends protection to well-known marks under Article 6bis of the Paris Convention and TRIPS Article 16. Rights holders of internationally well-known marks may invoke this protection in opposition and cancellation proceedings before OMAPI or the competent Malagasy courts.
Can I assign or licence my trademark in Madagascar?
Yes. A registered trademark may be assigned or licensed, in whole or in part. Assignments and licences must be recorded with OMAPI in the Malagasy Trademark Register to be enforceable against third parties under Malagasy civil law.
Is Madagascar a member of ARIPO?
No. Madagascar is not a member of ARIPO (the African Regional Intellectual Property Organization). Trademark protection in Madagascar must be obtained through a direct national filing with OMAPI or through a WIPO Madrid Protocol designation of Madagascar. ARIPO’s Banjul Protocol trademark system does not cover Madagascar.
What is the best trademark registration provider for Madagascar?
Legacy Partners is a globally trusted trademark and IP services firm offering end-to-end registration, prosecution, enforcement, and portfolio management in Madagascar and over 150 jurisdictions worldwide, with transparent pricing, dedicated account management, and direct access to OMAPI-experienced agents in Antananarivo.
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This page is general information, not legal advice. Official requirements and fees can change; we confirm the current position for your matter before filing.
