Protecting your business identity is crucial for success in any market, and Madagascar is no exception.
Whether you’re establishing a new company in Madagascar or safeguarding your existing brand, understanding the process of registration with the Office Malgache de la Propriété Industrielle (OMAPI) is essential.
OMAPI is the Malagasy organization responsible for registering Intellectual Property, including brands, corporate names, and designs.
This guide will walk you through the key aspects of registering your brand or corporate name in Madagascar.
Understanding the Basics: Corporate Name vs. Brand Registration
What is a Corporate Name?
A corporate name is the official legal name of your organization. In Madagascar, corporate names must adhere to good morals and should not be misleading about the company’s activities.
Registering your corporate name with OMAPI is a fundamental step in establishing your business legally.
What is a Brand (Trademark)?
A brand, or trademark, is a distinctive sign (such as a logo, symbol, or name) used to identify and differentiate your goods or services from those of others.
Our discussions with OMAPI indicate that if your company has a logo, registering it as a brand is the most logical option.
Key Differences and Which to Choose
While both corporate name and brand registration offer protection, they serve different purposes and provide varying levels of security.
Furthermore, the choice between registering a corporate name or a brand often depends on the nature of your organization.
For instance, if it’s a small, limited partnership (like a family organization) without a distinct logo, or if you are not concerned about others using a similar logo, registering the corporate name might suffice.
However, protecting your brand offers broader safeguards. It’s also possible to register both your commercial name and your logo as a brand. For brand registration involving a logo, submitting a black and white version allows for flexibility in using different colors.
Registering a Corporate Name with OMAPI: The Process
The process for registering a corporate name with OMAPI generally takes approximately one year to obtain the certification of registration.
Step 1: Preliminary Search for Prior Registration
Before submitting a registration application, it’s highly advisable to conduct a search for any existing registration of the same corporate name. Malagasy law prohibits the registration of a name already registered by another entity.
You need to fill a specific document (demande de recherche d’antériorité) to request OMAPI to do this preliminary search .
Step 2: Application for Registration
If the preliminary search confirms the name’s availability, the next step is to submit a registration request, using “form number 15.”
Step 3: Administrative Examination
OMAPI will review the submitted documents and verify the payment of the applicable fees during the administrative examination.
Step 4: Substantive Examination
Starting around the sixth month after the application, OMAPI will conduct a substantive review to ensure the request complies with the current legislation.
Step 5: Decision and Grant of Registration
Following the substantive review, OMAPI will issue a decision (approval or rejection).
Upon approval, the organization gains the exclusive rights to the registered corporate name for a period of 10 years from the date of the application, with the possibility of renewal after this period.
Registering a Brand (Trademark) with OMAPI: The Process
The process for brand registration is quite similar to that of a corporate name, although the fees are generally higher.
Step 1: Preliminary Search for Prior Registration
A preliminary search for existing brand registrations is also recommended. Notably, the result for a brand search is typically provided within 48 hours after the request and submission of fees.
Conducting this search can save significant costs associated with a full registration application if the brand is already taken.
The same document as registering corporate name (recherche d’antériorité) is required for this search.
Step 2: Application for Registration
After a successful search, the next step is to fill out the form for brand registration (form number 9).
When registering a logo, it’s advisable to submit a black and white version to allow for the use of the brand in various color schemes.
Step 3: Administrative Examination
The administrative examination involves a review by OMAPI to ensure that your application is complete, all required documentation is present, and the appropriate registration fees have been fully settled.
Step 4: Substantive Examination
Approximately six months after your brand registration application is submitted, OMAPI will begin a thorough examination to ensure it meets all legal requirements.
Step 5: Decision and Grant of Registration
After the substantive review is complete, OMAPI will issue a decision, either approving or rejecting your brand registration.
If approved, you will be granted exclusive rights to your registered brand for a period of ten years from the application date, with the option to renew this protection.
Fees Associated with Registration
Corporate Name Registration Fees
The costs associated with registering a corporate name with OMAPI are as follows:
- Fees for preliminary search (“recherche d’antériorité”): 30,000 Ar
- Fees for corporate name registration: 160,000 Ar
- Fees for renewing the registration after 10 years: 160,000 Ar
- Fees for obtaining an official attestation of registration: 5,000 Ar
- Fees for correcting any mistakes in the application: 5,000 Ar
Brand (Trademark) Registration Fees
The fees for brand (trademark) registration with OMAPI include:
- Fees for preliminary search (“recherche d’antériorité”): 30,000 Ar
- Deposit fees for registering the brand (for three classes i.e. granting exclusive rights for up to three activities), applicable upon filing the registration request: 180,000 Ar
- Addition to the deposit fees, if more than 3 activities: 20,000 Ar per activities
- Fees for regularization or correction of material errors: 10,000 Ar
- Fees for obtaining an official attestation of registration: 10,000 Ar
- Renewal fee for ten years (Taxe de renouvellement pour dix ans): 200,000 Ar
Conclusion
Registering your brand or corporate name with OMAPI in Madagascar is a vital step in protecting your business identity and ensuring legal compliance.
Understanding the differences between these types of registration, the respective processes, and the associated fees is crucial for a smooth and successful application.
While the timelines can be lengthy, the protection afforded by registration is a valuable asset for your business in the Malagasy market.
It is highly recommended to contact OMAPI directly to clarify any uncertainties regarding fees and specific procedural details to ensure a successful registration process.
If you want Madagascar Invest to help you in the process of registering your trademark or corporate name, do not hesitate to contact us.
