Plant variety
Trademark
Registration system
– Once a trademark application is filed, it will be examined as to the form and on the basis of
absolute grounds (i.e. lack of distinctiveness or if a trademark is contrary to public order
etc.) and then will be published in the Official Gazette for an eventual opposition by thirds,
within 2 months as from the publication date. In case no opposition is lodged against it, the
application will be granted registration and the relevant certificate thereof will be issued.
– It takes about 3-4 months to get the registration certificate, in case of a smooth
application.
– The TMO proceed to an examination based on absolute grounds (i.e. lack of distinctiveness
or if a trademark is contrary to public order etc.) and can reject trademark applications for
these reasons. However, the TMO does not conduct any examination based on relative
grounds and
– The system adopted in Morocco is first-to-file. The use of a trademark does not grant any right
to the client on the trademark, as the ownership of a trademark is acquired by registration
and not by use.
– Use of a trademark is not compulsory for filing an application for registration or
necessary for maintaining the trademark registration in force. However, a mark
registration is vulnerable to cancellation and can be canceled by any interested party if
not used within 5 consecutive years.
– The validity period of a trademark registration is 10 years as from filing date of the
application, and renewable indefinitely for similar periods.
– The trademark application is published in the official gazette for opposition by any
interested party. The opposition can be based on a prior trademark application/registration or on the
notoriety of the trademark and also by the holder of a protected Geographical Indication or Designation of
Origin.
The opposition procedure:
- The opposition is notified without delay to the applicant.
- In case the applicant has not presented replies within two months, the TMO rules on the opposition.
- In case the applicant has presented responses within the aforementioned period, the opponent has a period of one month from the date of notification of the response of the other party to present his observations, and the applicant has a delay of one month from the date of notification of these observations for a further response.
- The TMO notifies, without delay, the other party of any response or observation made by one of the parties.
- The TMO rules on the opposition by reasoned decision within a period of six months.
Requirements
2-A power of attorney.
3-One print of the mark if not a word mark (not exceeding 8 * 8 cm) and colors to be claimed if any.
4-The list of goods and services to be covered by the application, according to the 9th edition of Nice Classification.
5-A certified copy of the basic application if priority is to be claimed.
Filing documents can be filed later and should be completed within 3 months starting from filing date. A grace period of 3 months is granted for amendment of material errors, except for the print of the mark and goods/services covered.
2-A deed of assignment either notarized or legalized by both parties.
2-A certified copy of the certificate evidencing the merger.
* The POA should be simply signed, mentioning the name and title of the signatory. No legalization or notarization is required.
2-The registration number of the trademark to be renewed.
The renewal of a registration could be made 6 months prior to the expiration date. A grace period of 6 months as of expiration for late renewal is granted.
2-A license agreement notarized or legalized by both parties.
2-A certified copy of the change of name issued by the competent authority or a document attesting the change of address.
Border measures / Recordal with customs
– The procedure of registration with customs can be completed and the acceptance letter is received within one month as from filing the customs surveillance application.
– The request for suspension is valid for one year and can be renewed each year. The request seeking suspension of counterfeit goods can be submitted at any time during the validity period of the involved trademark.
– Based on the customs surveillance application filed, the customs authorities will suspend products which are suspected to be counterfeits and inform immediately the right holder or his agent who have 10 days to verify if the products are counterfeit and to justify to customs that a conservatory seizure has been ordered by the president of the tribunal or that a court action has been initiated. Customs are allowed to provide the trademark owner with available information on the importer, the origin of counterfeits, quantity etc.
– Once the suspended goods are declared being counterfeit by a final court decision, they would be destroyed.
Requirements for filing the customs surveillance application
– A notarized or legalized document attesting that the signatory of the POA is able to act on behalf of the company.
– Certified copy of the trademark registration. – Any other document or information that can help customs identify counterfeit goods may be filed with the application such as catalogues of products, name of identified infringers/importers of counterfeit products etc.