Trademark
Trademark
A trademark is a sign capable of distinguishing the goods or services of a particular
company from those of others. Trademarks used to identify services are usually called
service marks. As such, a trademark must be licit, distinctive and available.
A trademark can be a word or a combination of words, letters, and numerals, or consist of
drawings, symbols, logos, three-dimensional features, shape and packaging of goods,
combination of colors and also non-visible signs such as sounds or fragrances.
A trademark is an industrial property right that is registered with a national, regional or
international office. In Morocco, a trademark is filed with the OMPIC (Moroccan Office for
Industrial and Commercial Property), or through WIPO (World Intellectual Property
Organization) by filing an international trademark designating Morocco (Madrid System).
The owner of a trademark registration may prevent others from using the same or a similar
trademark in the same field of activity, or for same goods and services covered.
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
1-Full identity of the applicant(s).
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.
1-A power of attorney.
2-A deed of assignment either notarized or legalized by both parties.
1-A power of attorney signed by the surviving company.
2-A certified copy of the certificate evidencing the merger.
A special power of attorney signed by the current registered owner.
* The POA should be simply signed, mentioning the name and title of the signatory. No legalization or
notarization is required.
1-A power of attorney.
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.
1-A power of attorney.
2-A license agreement notarized or legalized by both parties.
1-A power of attorney.
2-A certified copy of the change of name issued by the competent authority or a document attesting the
change of address.
– A power of attorney legalized up to the Moroccan Consulate OR notarized, showing the name and
title of the signatory. Download a suitable form.
– 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.
Border measures / Recordal with customs
-Since 2006, it is possible to file a request to the customs authorities to suspend entry (import) into
Morocco or export of counterfeit products.
– 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.
