Trademarks Filing and Prosecution Morocco

A trademark is a sign that is registered to distinguish a product or service in commerce. There are other types of signs used in trade that can also be registered with the Morocco IP Office, such as logos, designations of origin, geographical indications, collective marks and certification or guarantee marks.

In order to legally protect a trademark or other sign used in commerce, it is necessary to register it with the Morocco IP Office. In Morocco, trademark protection is granted according to the provisions of Law No. 17-97 on the Protection of Industrial Property (promulgated by Dahir No. 1-00-91 of 9 Dhul- Qa’dah 1420 (February 15, 2000), and amended up to Law No. 23-13), Morocco.

Trademark in Morocco may be designated by the following symbols:

• ® (for a registered trademark)
• ™ (for an unregistered trademark)

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.

A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.

The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark, and can license it to the third parties, sell it in return of sum, use it raise equity for business undertakings.

Trademark searches in Morocco

Under the “First to File” principle, if any other applicants file applications for the identical or similar trademark used for identical or similar goods and services after the first applicant has applied, those later applications will be refused.

Therefore, it is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.

A trademark search in Morocco can be conducted for word mark, numbers, images, etc. It is advisable to conduct comprehensive trademark clearance search in Morocco to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.

Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Morocco.

Filing trademark applications in Morocco

A person may file multi-class or single class trademark application in Morocco.

 Trademark application can be filed in the following categories:

• Ordinary Applications
• Convention application (claiming priority from a convention country)

Ordinary application in Morocco

Ordinary trademark applications filed in Morocco are applications without claiming any priority. Multi class trademark applications may also be filed in Morocco. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.    

Priority trademark applications in Morocco /Convention trademark applications Morocco:

A priority trademark application may be filed in Morocco. A priority trademark application should be filed in Morocco within 6 months after the date on which the application was made in the convention country.

Paris convention

The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Morocco within six months after the date on which the application was made in the Convention Countries.

Trademark classes for goods and services

Morocco follows the nice classification of classes. Intellectual property office of Morocco uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defined list of terms and cover all the goods and services. 

Trademark Examination in Morocco

Once the application for the registration is submitted it goes through the examination process which consists of examination on the basis of Absolute and relative grounds of refusal. 

The following may not be adopted as marks or elements of marks:

1. signs reproducing the effigy of His Majesty the King, or that of a member of the Royal Family, the armorial bearings, insignia or official emblems of the Kingdom or of the other member countries of the Paris Union, the acronyms or names of the United Nations Organization and international organizations which have been adopted by them or which have already been the subject of international agreements in force designed to ensure their protection, national or foreign decorations, Moroccan or foreign coins or banknotes, as well as any heraldic imitations.
   
   The signs referred to under (a) above may, however, be registered by the entity responsible for industrial property, if it can be proven that the competent authorities have authorized such registration.
2. signs which are contrary to public order or morality, or whose use is legally banned;
3. signs which are liable to deceive the public, particularly as regards the nature, quality or geographical origin of the goods or services.
   It shall be unlawful to adopt signs infringing prior marks, in particular:
   • an earlier mark registered or well known as defined by Article 6(a) of the Paris Convention for the Protection of Industrial Property;
   • a name or company name, if this could create confusion in the mind of the public;a trade name or brand name known throughout the national territory, if this could create confusion in the mind of the public;
   • a protected appellation of origin
   • the rights protected by the Law concerning the Protection of Literary and Artistic Works;
   • the rights deriving from a protected industrial design;
   • the rights relating to the personality of a third party, in particular his patronymic name, pseudonym or image;
   • the name, image or repute of a local administrative unit.

Trademark Opposition in Morocco

Any interested person, within two months from the date of publication of the mark in the Official Bulletin, has the right to file to the Controller an opposition to the registration of the mark.

Trademark registration in Morocco

After the examination, opposition process is completed and the mark is accepted for registration, the mark will be registered for a period of 10 years from date of application and the registration certificate is issued.

Trademark Renewal in Morocco

You can renew your trademark right by filing a request for renewal six (6) months before the trademark right expires.