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Madagascar
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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$ 2200.00 and US$ 2400.00. To this must be added charges of about US$ 100.00 per priority claim, about US$ 40.00 for each page of the specification over 20, and about US$ 60.00 for each claim over the first 9. 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$ 450.00 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.
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
4. Costs (all quotes are US DOLLARS.)
41a Application:
1 - 3 classes: $1160.00, additional classes over three filed
simultaneously $790.00 each.
4.1b Claiming priority: $120.00
4.2 Assignment : First trade mark/class $670.00, additional trade
marks/classes filed simultaneously $330.00 each.
4.3 Preparation of documents : $130.00.
4.4 Recordal of change of name or address : First trade mark/class $305.00,
additional trade marks/classes filed simultaneously $170.00 each.
4.5 Renewal : 1 - 3 classes $750.00, additional classes renewed
simultaneously $580.00 each.
4.6 Search : 1 trade mark in 1 class - From $240.00
DESIGN REGISTRATIONS
Design protection is obtainable via a national filing. Madagascar is a member of the International Convention. The requirements for filing an application in Madagascar are as follows:
(a) Power of
Attorney (notarized);
(b) 3 sets of formal drawings; and
(c) Certified copy of the priority document (if priority is claimed).
Please note that the documents listed under item (b) are required on the day of filing. Items (a) and (c) can be lodged up to 2 months after filing.
Our cost estimate for filing a design application in Madagascar is between about US$ 1800.00 and US$ 2000.00. To this must be added the fees for claiming each priority date at about US$ 40.00 per priority claim.