Our ref. : D1030-13TO
Dear Khun Suphansa,
Reference is made to your follow-up with regard to the reason why Trademark Application No. 2007/0046 “Double A logo” in the name of Double A International Business Co., Ltd. was abandoned in Madagascar.
Please be advised that during the examination by the registrar, your trademark “Double A logo” was rejected because of a prior mark which is identical with yours. The details of the cited mark are shown in the attached certificate and its owner is MAISON SORAK of 13 rue Karajia Tsaralalana, Antananarivo 101. As you can see, it is actually your trademark that has been applied without your authorization by MAISON SORAK.
The decision of the registrar could be overturned only by the court. The court proceeding might take 3-5 years and might tentatively incur the estimated fee of at least 6,000 USD for our associate’s fee plus some Tilleke’s fee. This also did not include the Court’s fee for filing a cancellation action against the said registration, if you wish to succeed in the Appeal litigation. At that time, no instruction as to how to move on with the case was provided. Thus, the case was deemed abandoned and became invalid.
If MAISON SORAK is your customer, you may negotiate with them in order to enter into the assignment of its registered mark into the ownership of your company.
We hope our email clarifies your doubt. Please let us know if you wish to re-file a trademark application in Madagascar but kindly bear in mind that your re-filed application will be refused due to trademark “Double A logo” of MAISON SORAK again if the said mark is still valid. In case MAISON SORAK does not agree to assign its registration, a cancellation action is suggested and proof of relationship between MAISON SORAK and your company will be very helpful.
For more information or questions, please let us know.