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LEX Mercat

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Law firm in Madagascar since 2007 | Specialist in the Protection and Management of Industrial Property Rights (patents, trademarks, industrial designs) | Industrial Property Agent | Industrial Property Engineer

24/08/2026

REBRANDING: A PRACTICAL GUIDE FOR A SUCCESSFUL AND LEGALLY SECURE TRADEMARK TRANSITION.

Rebranding can be a strategic way to reflect new goals, enter markets, or refresh your image. But changing your trademark carries legal and commercial risks.

1️⃣ When to consider rebranding?

➡️Your trademark no longer matches your values or market position.
➡️Expanding into new regions with cultural or linguistic differences
Facing legal challenges or confusion with other marks.
➡️Wanting to distance from past negative associations.

2️⃣ How to transition safely?

➡️Do a preliminary search to ensure the new name/logo is available.
➡️Register the new trademark before any public launch.
➡️Plan a phased switch, keeping old marks protected if needed.
➡️Communicate clearly with clients and partners to preserve trust.

3️⃣ Legal tips in Madagascar

➡️ Follow OMAPI’s procedures and ensure your rights remain intact throughout the change.
✅ Don’t abandon your old mark before securing the new one.

📩 Need help with your rebranding in Madagascar ? Contact us:
📞 (261) 34 82 817 77
📧 [email protected]
🌐 https://lexmercat.com

21/08/2026

"Creativity is intelligence
having fun."

Albert Einstein

20/08/2026

PROTECTING A TRADEMARK ONLINE: THE DIGITAL CHALLENGES IN MADAGASCAR AND BEYOND

In today’s hyper-connected world, registering a trademark is only the first step. Online presence exposes trademarks to new risks: from cyberattacks to counterfeiting.
Here are the major challenges, and how to respond effectively 👇

⚠️ Cybersquatting (domain name theft): Someone could register a domain name similar to yours and mislead your audience.
✅ Secure your domain early, including common variants and local extensions (.mg). Monitor new registrations regularly.
⚠️ Online counterfeiting: Fake products using your trade name may appear on online marketplaces or social media.
✅ Register your trademark with OMAPI. Report infringing content through official platform channels.
⚠️ Fake social media accounts: Impersonators can damage your reputation and confuse your customers.
✅ Create and verify your official pages. Use consistent branding and report fake profiles quickly.
⚠️ Cybersecurity risks (data leaks, phishing): Weak protection can lead to breaches, hurting customer trust and exposing you legally.
✅ Use secure servers, update passwords, and include digital protection in your Industrial Property strategy.

📩 Want to secure your trademark in the digital space? We can help.
📞 (261) 34 82 817 77
📧 [email protected]
🌐 https://lexmercat.com

19/08/2026

TRADEMARK & GRAPHIC REPRESENTATION: WHY IS IT IMPORTANT ?

In principle, any distinctive sign,whether visual, aural, or even olfactory, may be eligible for trademark registration.
However, one fundamental requirement applies: the graphic representation of the sign 👈
🔍 Graphic representation ensures that the trademark can be clearly and precisely identified in official registers (such as those of OMAPI), both by competent authorities and by other economic stakeholders.

To meet legal standards, the representation must be:
✔️ Clear and intelligible
✔️ Unambiguous and objective
✔️ Accessible and permanent

💡 This requirement safeguards legal certainty by precisely defining the scope of protection granted. Even a creative or original sign may be refused registration if it lacks a sufficiently accurate and reliable representation.

⚖️ According to the current state of Malagasy law, sound mark and olfactory mark are not registrable yet.

18/08/2026

TRADEMARKS NEVER SLEEP !

Your registered trademark must remain actively monitored.
💼 Otherwise? It may be subject to revocation when the owner doesn’t prevent abuses.

📌 Takeaway: Register your trademark, ensure consistent and genuine use in commerce.

17/08/2026

DO YOU KNOW THE RISKS OF USING A LOGO WITHOUT LEGAL PROTECTION ?

A logo is often the first visual element that customers associate with your business. Yet many companies use their logo without securing any form of legal protection,
exposing themselves to significant risks. Particularly in Madagascar, where rights are based on registration.

⚠ Risk of Imitation and Unfair Competition
Without legal protection, your logo can be freely copied or imitated by competitors. This may lead to consumer confusion, dilution of your brand image, and loss of
market share, with limited legal remedies available to you.

⚠ Loss of Exclusive Rights
In Madagascar, industrial property rights are governed by Ordinance No. 89-019 and follow the first-to-file principle. If a third party registers a similar or
identical logo before you, they may legally prevent you from using a design you originally created.

⚠ Legal and Financial Exposure
Using an unprotected logo may result in disputes, forced rebranding, or even infringement claims if your logo unintentionally conflicts with an existing registered
right. Rebranding costs can be substantial, especially for growing businesses.

⚠ Reduced Business Value
An unprotected logo cannot be effectively licensed, assigned, or used as a strategic asset in partnerships or investments. Legal protection transforms your logo into
a valuable intangible asset.

In Summary
Protecting your logo is not a formality, it is a strategic decision that secures your identity, strengthens your market position, and reduces legal uncertainty.

📩 Need guidance on protecting your logo or brand assets? Our team is here to assist you. Contact us for professional support.
📞 (261) 34 82 817 77
📧 [email protected]
🌐 https://lexmercat.com

13/08/2026

Change of Ownership: Keep Your IP Updated

When a trademark or patent is sold or transferred, it’s not enough to sign a contract — the change of ownership must be recorded with OMAPI.

✅ Keeps legal ownership up to date.
✅ Ensures the new owner can fully enforce their rights.
✅ Avoids confusion in future renewals or disputes.

💡 Always record ownership changes quickly — your rights are only as strong as your records.

📩 Need help updating your IP ownership? Lex Mercat takes care of it:
📞 (+261) 34 82 817 77
📧 [email protected]

🌐 lexmercat.com

12/08/2026

THE NON-DISCLOSURE AGREEMENTS(NDAs)

🤝 The NDAs represent a critical component of ethical practices within the field of industrial property. Adherence to contracts and confidientiality agreements is especially vital in the management of patents, trademarks, and trade secrets.
🤝 Companies are required to uphold confidentiality agreements and refrain from utilizing sensitive information shared by other entities without prior consent. Conversely, breaches of confidentiality can significantly harm reputations and result in legal repercussions.

LEX MERCAT
📞 (261) 34 82 817 77
📧 [email protected]
🌐 https://lexmercat.com

11/08/2026

IS YOUR TRADENAME AT RISK IN MADAGASCAR ?
📝 Take the Test !

Your tradename, the name under which your business operates, is a key part of your identity. But is it legally protected?
Use this checklist to evaluate your situation 👇
✅ Is your tradename registered with OMAPI?
In Madagascar, tradenames can be protected through declaration and publication. If it’s not registered, your rights are weak in case of dispute.
✅ Did you verify whether the same or a similar name already exists?
Failing to check for prior rights may result in legal conflict or the obligation to stop using your name.
✅ Is your business actually using the tradename in commerce?
Protection is tied to effective use. If the tradename isn’t used actively, your rights could be weakened.
✅ Have you taken steps to enforce your tradename rights?
If someone else uses a similar name, have you acted? Silence may lead to brand dilution or even loss of recognition.
✅ Is your tradename aligned with your trademark, if any?
Using different identifiers (tradename, trademark, domain, logo) without consistency may confuse customers and weaken your brand.
? If you answered “No” to any of these, your tradename may be legally vulnerable, especially in a first-to-file system like Madagascar’s.

📩 Need guidance to secure your tradename? Contact us.
📞 (261) 34 82 817 77
📧 [email protected]
🌐 https://lexmercat.com

10/08/2026

MAINTAINING AN INDUSTRIAL PROPERTY RIGHT IN FORCE

Obtaining a patent, trademark, or design is only the first step. To preserve these rights over time, two major obligations must be fulfilled:

1️⃣ Timely payment of maintenance fees

Industrial property rights are granted for a limited period and remain valid only if the required fees are paid regularly. Failure to comply results in the title lapsing into the public domain.
👉 Patents: Annual fees over a 20-year period
👉 Designs: Renewable every 5 years, up to a maximum of 15 years
👉 Trademarks: Renewable every 10 years, with unlimited renewals possible.

2️⃣ Effective use of the right

A right that is not actively exercised may become vulnerable to legal challenges.
👉 An industrial property right that is not used in a genuine and continuous manner risks being cancelled.
👉 Rights holders must also act diligently to prevent misuse or non-exploitation of their industrial property.

💡 Protecting your rights also means keeping them alive over time.

📩 In Madagascar, our firm supports you in the legal and administrative management of your IP portfolio.
📞 (261) 34 82 817 77
📧 [email protected]
🌐 https://lexmercat.com

Address

Lot 2 D 4 Antanetibe-Ilafy
Antananarivo
103

Opening Hours

Monday	08:00 - 18:00
Tuesday	08:00 - 18:00
Wednesday	08:00 - 18:00
Thursday	08:00 - 18:00
Friday	08:00 - 18:00

Website

https://www.lexmercat.com/

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