Morocco Trademarks

Filing Requirements:

1. Power of attorney, simply signed, with company seal. A separate power is required for each application or set of applications. A general power of attorney, in French may be used for subsequent filings.

2. Copy of priority document, if priority is claimed, certified.

3. 1 film and 5 prints of the mark for each application.

* Items 1 and 2 may be submitted within 3 months from filing date.

* Item 3 must be submitted at the time of filing.

Classification:

The International Classification of Goods and Services (9th Edition) is followed. A single application may include several classes.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 60 days from publication date.

Extension Of Time:

Extension of time is not possible.

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.

Documents Required For Renewal:

  • Power of attorney, simply signed and sealed.
  • 1 film and 5 prints of the mark for each application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years.

Search:

An official search can be conducted for word marks and devices. The search takes approximately 3 working days for word marks and 10 to 15 working days for devices. The search report discloses similar and identical trademark registrations.

Assignment:

* Registered trademarks may be assigned with or without the goodwill of the business concerned.

* Documents required:

  • Power of attorney from the assignee, simply signed and sealed.
  • Deed of Assignment, notarized, with simple French translation.

Change Of Name/Address:

* A change of name/address may be recorded for trademark registrations only.

* Documents required:

  • Power of attorney, simply signed and sealed.
  • Certificate of change of name, with simple French translation.
  • For a change of address only a power of attorney, simply signed and sealed, is required.

Licensing:

* License recordal is not compulsory but advisable in order to be effective against third parties.

* Documents required:

  • Power of attorney, simply signed and sealed.
  • License agreement, with verified French translation, notarized.

Merger:

* A merger may be recorded for trademark registrations only.

* Documents required:

  • Power of attorney, simply signed and sealed.
  • Copy of certificate of merger, certified, with simple French translation.

Marking:

Marking is not compulsory.

Cancellation:

A cancellation court action should be initiated against an offending mark within 3 years from the filing date unless the offending mark was registered in bad faith, in which case, there is no time limit.

Registration Time Frame:

The time frame for completing the registration process is 9 to 15 months.

Three Dimensional Trademark Applications:

Unacceptable.