Summary of the guide:
- Laws relating to Trademark in Morocco
- Trademark registration process in Morocco
- How long does it take to get a trademark registration in Morocco?
- Examination criteria for trademarks in Morocco
- Costs for trademark registration in Morocco
- How long is a trademark protected for?
- When does the protection of a trademark in Morocco start?
- What trademark classes are available in Morocco?
- What are the documents required for trademark protection in Morocco?
- What are important deadlines for trademark protection in Morocco?
- Are international trademarks available in Morocco?
- National Vs International trademark in Morocco?
- Local tips for trademark registration in Morocco
- Service level guarantee for trademark registration in Morocco
Laws relating to Trademark in Morocco
In Morocco, trademark protection is governed by the Industrial Property Law No. 17-97, which was enacted in 2000 and amended in 2014. This law provides the legal framework for registering and protecting trademarks, service marks, collective marks, and certification marks in Morocco.
Trademark registration in Morocco is governed by the Moroccan Industrial and Commercial Property Office (OMPIC).
Trademark registration process in Morocco
A smooth trademark registration generally passes through three phases:
Filing – you file the trademark at the TM department.
Publication – if the mark is accepted and not rejected, it will be published for 60 days (opposition period).
Registration – after the opposition/publication period ends, you can pay the final registration fees and receive your trademark certificate
After filing a trademark at the trademark office, and settling official fees relating to filing the trademark examiners at the Moroccan Industrial and Commercial Property Office to examine trademark applications, the examination process takes place on two levels:
Formal examinations of trademarks in Morocco: Once the application is received, OMPIC conducts a formal examination to ensure that the application complies with the legal requirements for registration. The examiner will look at, whether all the required documents for filing have been submitted, whether these documents have been properly authenticated (legalized or locally legalized), whether the fees have been settled, whether the applicant is entitled to register a trademark locally, whether the classes designated are available locally, and whether priority documents are included or not.
Substantive examinations of trademarks in Morocco - are conducted by examiners at the trademark office within the OMPIC.
How long does it take to get a trademark registration in Morocco?
It takes anywhere between 4 to 6 months to receive a trademark registration certificate.
Examination criteria for trademarks in Morocco
The examination criteria are both on absolute grounds and relative grounds:
Absolute grounds for trademark refusals in Morocco are:
Trademarks that are devoid of any distinctive character.
Trademarks exclusively consist of signs regularly used in trade, to refer to a type, kind, quality, quantity, intended purpose, value, geographical origin, or other characteristics relating to the goods or service the trademark is registered on.
Trademarks which exclusively consist of signs or indications that are used in the normal course of the trade.
Trademarks that are contrary to public policy.
Trademarks that are contrary to public morals and ethics.
Trademarks that deceive the public, as to the nature, quality, or source of the goods or services.
Trademarks which include public emblems, flags, and other symbols relating to the state, Arab, or international organizations, or one of their institutions, or a foreign state unless so authorized by it, as well as any imitation of such emblems, flags, or symbols.
Trademark which refers or relate to the monarchy.
Trademarks include symbols of the Red Crescent or Red Cross and other similar imitating symbols.
Trademarks that are similar to or resemble symbols of a purely religious character.
Trademarks are geographical names whose protection or use create confusion as to the origin or source of the goods, the products, or the services.
Trademarks are essentially the name, surname, picture, or emblem of a third party unless prior approval is provided.
Trademarks which are indications of honorary distinctions that the applicant for registration cannot prove.
Relative grounds for trademark refusals in Morocco are: assess whether a trademark application filed in Morocco may be confused due to the similarity with a previously registered or famous trademark locally.
Costs for trademark registration in Morocco
Costs relating to trademark registration are both official and professional. Official fees are fees paid to the government for processing your trademark registration and are required to be paid for each phase of the process.
Professional fees for trademark registration
Our professional fees range from USD160 to USD299 depending on the package you choose. Once you are ready to start, choose the package you want, and you will see the total official fees and professional fees for each package.
Official fees for trademark registration
Official Filing fees of a trademark = USD305
Official Publication fees of a trademark = USD34
Official Final Registration fees of a trademark = USD34
In Morocco the total official fee for trademark registration is USD373.
How long is a trademark protected for?
A trademark is valid for 10 years from the filing date.
When does the protection of a trademark in Morocco start?
The protection of a trademark in Morocco starts from the filing date. This means that the trademark owner doesn't need to wait until it's officially registered to receive protection. The protection begins right after the trademark is filed at the trademark office.
What trademark classes are available in Morocco?
All 45 classes of the Nice Classification are available locally in Morocco for trademark registration purposes. The Moroccan Trademark Office (OMPIC) uses the Nice Classification to classify goods and services for trademark registration. Therefore, trademark applicants in Morocco can register their trademarks for any of the 45 classes of goods and services under the Nice Classification.
Morocco has a multi-class system for trademark registration. This means that a single trademark application can cover multiple classes of goods and services under the Nice Classification. This simplifies the registration process for brand owners who offer goods and services across different classes.
What are the documents required for trademark protection in Morocco?
A Power of Attorney
If you are a resident or a national of Morocco, then the power of attorney should be notarized and a copy of the trade license is sufficient.
If you are not a resident nor a citizen of Morocco, then the power of attorney should be simply signed.
The power of attorney can be submitted within 60 days of filing a trademark in Morocco.
What are important deadlines for trademark protection in Morocco?
The power of attorney can be submitted within 60 days of filing a trademark in Morocco.
Are international trademarks available in Morocco?
If you want to register your trademark internationally and target specific countries you can designate Morocco through an international application, which you will have to go through the trademark registration process in Morocco.
National Vs International trademark in Morocco?
National applications are quicker to obtain than international applications.
Local tips for trademark registration in Morocco
To register your trademark in Morocco, you will need to translate applicant details, list of goods (classes), and trademark details into the French language.
It is important to watch the official gazette in Morocco as substantive examinations are not extensive, and frequently fail to identify similar international trademarks.
Service level guarantee for trademark registration in Morocco
If you require approval from management, you can print this page and obtain approvals. Remember to choose the package you want. If you are not a lawyer, we recommend you choose the premium package. We have individually vetted all trademark agents, and have provided them with a proprietary system owned by Easy Trademarks to guarantee the level of service you will receive.
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