Annual Technical Report 2012 on Trademark Information Activities submitted by Madagascar (CWS/ATR/TM/2012/MG)

 

Where URLs are requested below, it is preferred that either URLs which are likely to remain stable over time (three years or more) are provided, or home (main) page URLs are provided with a short explanation of how to access the corresponding information.

 

I. Evolution of registration activities

Changes experienced in terms of application filings and registrations with respect to the previous year

*NATIONAL APPLICATION FILING AND REGISTRATION
In 2012, national application filing (total: 1080) increased about 14% where applications from resident persons grew up 19% whereas it was 5% for non resident applicants. Concerning the registration, the total increased 80% (total: 1308) because the procedure was accelerated.

*INTERNATIONAL APPLICATION FILING AND REGISTRATION
For international registration (Madrid Protocol) the designations increased about 3% (total: 949) and the grant of protection about 24%.

Trends or areas experiencing rapid changes with respect to the previous year

Trends or areas experiencing rapid changes with respect to the previous year
- The increase of the national application over 1000 : it happened for the second time since the office has been opened.

URLs of web pages of the Office’s website that provide statistics related to trademarks

URLs of web pages of the Office’s website that provide statistics related to trademarks
http://www.omapi.mg/statistique.php#marques

II. Matters concerning the generation, reproduction, and distribution of secondary sources of trademark information, i.e., trademark gazettes

Publishing, printing, copying techniques

Publishing, printing, copying techniques:
Trademarks, patents and industrial designs are published in the same gazette. The publication is done only after the registration with the bibliographic data and the reproduction of the trademarks in the original colour. The publication is generated from the office database IPAS (Industrial Property Automatisation System). After verification and correction, the publication is made available on the office website. Paper forms can be bought on request.

Main types of announcements of the Office in the field of trademark information

Main types of announcements of the Office in the field of trademark information
Only the official IP gazette which publishes:
- The certificate of registration
- The different changes (ownership, name, address), licences, removals and renewals.

Mass storage media and microforms used

Trademarks data are saved in a hard disk and copies are done in DVD.

Word processing and office automation

Word processing and office automation
The office has been used the WIPO’s system (IPAS) since 2008 in which the procedures are automated. Certificates and publications are generated automatically, once the data are entered in IPAS.

Techniques used for the generation of trademark information (printing, recording, photocomposing, etc.)

Techniques used for the generation of trademark information (printing, recording, photocomposing, etc.)
Certificates and publications are regenerated from IPAS in WORD version. Certificates are printed, signed and scanned. The electronic version is saved in a data store for the archive.
The gazette is kept in electronic version after correction and shaping. Impression is done only on request, inside the office with ordinary printer.

URLs of web pages of the Office’s website that provide access to online trademark gazettes and to other sources of trademark information, including download of bulk trademark data

URLs of web pages of the Office’s website that provide access to online trademark gazettes and to other sources of trademark information, including download of bulk trademark data

The trademarks gazette is made available on the website :
http://www.omapi.mg/gazette-officielle.html .

General information and procedures are provided on website : http://www.omapi.mg

III. Matters concerning classifying, reclassifying and indexing of trademark information

Classification and reclassification activities; Classification systems used, e.g., International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), International Classification of the Figurative Elements of Marks (Vienna Classification), other classification (please indicate whether goods and services for the registration of marks and whether the figurative elements of marks are classified by your Office and, if so, which classification(s) is (are) used)

The office uses the Nice classification to classify the goods and services and the Vienna classification for the figurative elements of the marks.

Use of electronic classification systems to check the classification symbols furnished by an applicant and which are contained in the lists of goods and/or services

Use of electronic classification systems to check the classification symbols furnished by an applicant and which are contained in the lists of goods and/or services
The goods and services manager of WIPO on: http://www.wipo.int/gsmanager

Obligation for applicants to use pre-defined terms of the classification applied

The applicant is not obliged of using the pre-defined terms of the classification applied; he has just to give a clear and precise list of goods and services respecting the grouping of the Nice classification.

Bibliographic data and processing

None.

IV. Trademark manual search file establishment and upkeep

File Building

File building
Each application is stored in a file paper with the references of the trademark. The file paper is put in a cupboard with lockers until the registration. After the registration, the paper files are stored in boxes with the references of the registration and put in the room of archives.

Updating

The system has never been updated

Storage, including mass storage media

Paper file, boxes, cupboard with lockers, displays for archives, IPAS database, DVD, hard disk.

V. Activities in the field of computerized trademark search systems

In-house systems (online/offline)

System in network, IPAS system.

External databases

- International non-proprietary names (INN) for the pharmaceuticals substances of the World Health Organisation (WHO)
- ROMARIN database for the international trademarks

Administrative management systems (e.g., register, legal status, statistics and administrative support)

The IP register is automated and managed within the IPAS. All the modifications concerning the trademarks are done in the said system which can also provide statistics. Most of the administrative part of the processing is managed by the IPAS. Manual processing consists mainly in signature, classification and writings (communications).

Equipment used (hardware, including the types of terminal and network used, and software), carriers used

Computers, printers, scanners, network, WINDOWS.

VI. Administration of trademark information products and services available to the public (relating to facilities, e.g., for lodging applications, registering trademarks, assisting clients with search procedures, obtaining official publications and registry extracts)

Planning, administration, automation, security

- Application had to be filed in paper form before the office;
- Information about registered trademarks is available for reading before the office free of taxes with the published gazettes. It is also possible to buy the gazette.
- Trademarks search, prior search are possible and detailed information about a trademark (registry extracts) can be provided on request and by paying the prescribed tax. Results are available within two days from the receipt of the request.
- Clients are assisted by a special service which provides all the necessary information and help (before the office, by phone, e-mail, mail)
- The trademarks database and the application/registration paper files are not made available to the public.
- The access to the database inside the office is restricted and reserved to the technicians (examiners and chief).

Collection management, preservation

The reception is the focal for providing information and assistance to the clients. This service can bring some improvements but the main conception is done by the administration of the office.

Information services available to the public (including computerized services and search files contained in libraries remote from your Office and trademark information posted by your Office on the World Wide Web)

- Reception service: for direct assistance.
- Documentation department: handle the IP library; provide information during presentations, events out of the office.
- Office website : all the general information and contacts for all matters, the IP official gazette but no database.
- The office has a web page in the WIPO international registration of trademarks system (Madrid system) concerning the procedures applied before our office in this field.

URLs of web pages of the Office’s website that provide information on business procedures such as: filing, publication, examination and registration procedures related to trademarks; opposition and appeal procedures related to trademarks; etc.

http://www.omapi.mg

URLs of web pages of the Office’s website that provide a description of information products and services offered by the Office (e.g., trademark search service(s) and trademark databases), as well as information on how to access and utilize them

http://www.omapi.mg

VII. Matters concerning mutual exchange of trademark documentation and information

International or regional cooperation in the exchange of trademark information, e.g., in the form of official gazettes

No official exchange, but the office receives publications from some offices : IP African Office.

Exchange of machine-readable information

The office receives DVD/CD containing information about trademarks from the Japanese office, extract from the ROMARIN database containing international registrations of trademarks on DVD, from WIPO.

VIII. Matters concerning education and training, including technical assistance to developing countries (please indicate URLs of web pages of the Office’s website wherever appropriate)

Promotional activities (seminars, exhibitions, visits, advertising, etc.)

- Seminars about trademarks for users and potential users of the trademark system, for the members of the government, those who broadcast information, those who are in charge of applying IP rights (Court, customs, jurists…)and all persons whom may be concerned about trademarks.
- Training at some high school (of management, trade, marketing, laws…)
- Exhibitions : economic, cultural…
- Advertising : on TV, radio, newspaper, website, documents (flyers, X banners…)

Training courses for national and foreign participants

The office receives trainees from high school in Madagascar and from other countries.

IX. Other general information related to the Office that is available on the Internet -- URLs of web pages of the Office’s website that:

provide information on legislation related to trademarks

http://www.omapi.mg/texte-de-lois.php

contain the Annual Report of the Office

http://www.omapi.mg/informations.html

contain trademark-related news regarding the Office

http://www.omapi.mg

contain trademark-related news regarding the Office

http://www.omapi.mg

X. Other relevant matters