ANTANANARIVO - Madagascar became a member of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks on April 28, 2008.
Consequently, in accordance with Article 5(2)(d) of the Madrid Protocol (1989) and pursuant to Article 5(2)(b), the time limit of one year to exercise the right to notify a refusal of protection referred to in Article 5(2)(a), is now replaced by 18 months.
Madagascar has a “first to file system” which does not recognize common law rights through use. Applications are examined on relative grounds and in practice will be refused in the event that an identical or closely similar mark already exists. However, there is no provision to appeal against refusals to the Trademark Office; appeals must be filed through the courts. Similarly, whilst trademarks are published they cannot be opposed; the only remedy available is cancellation, which again must be filed through the courts.
Although Article 6bis of the Paris Convention is recognized, there is no specific provision for cancellation on the basis of filing in bad faith. Bearing these difficulties in mind it is important, especially for owners of lesser-known marks, to register trademarks rather sooner than later to prevent trademark pirates or sellers of the product from registering popular brand names in their own name.