Trademarks Law in Morocco
Here is an overview of Trademark Law in Morocco, reflecting the latest legal framework and procedures:
๐ฒ๐ฆ Trademark Law in Morocco
Trademark protection in Morocco is governed by Law No. 23-13, which amends and supplements the earlier Law No. 17-97 on the Protection of Industrial Property. This law aligns Morocco's intellectual property system with international standards and is administered by the Moroccan Office of Industrial and Commercial Property (OMPIC). (proxario.com, Kashish World)
๐งพ Key Features of Morocco's Trademark System
1. Registration System
First-to-File Principle: Trademark rights in Morocco are acquired through registration, not use. This means that the first party to file a valid application for a trademark has the exclusive right to use it, regardless of prior use by others.
Examination Process: Upon filing, OMPIC conducts a formal examination to assess compliance with legal requirements. If no grounds for refusal are found, the trademark is registered. The average time from filing to registration is approximately 6 to 8 months for a smooth application.
2. Opposition Procedure
Publication: Trademark applications are published in the Official Bulletin within 10 business days of filing.
Opposition Period: Any interested party may file an opposition within two months from the publication date. (proxario.com)
Procedure: If an opposition is filed, the applicant has two months to respond, extendable for an additional two months. Failure to respond results in abandonment of the application.
Resolution: After considering the opposition and applicant's response, OMPIC issues a decision, which may be appealed before the competent court. (Westfield Morocco)
3. Duration and Renewal
Protection Period: Trademark registrations are valid for 10 years from the registration date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods. Renewal applications must be filed within six months prior to the expiration date. A six-month grace period is available after expiration, subject to additional fees.
4. Use Requirements
Declaration of Use: Trademark owners must file a Declaration of Use within three months following the third anniversary of the registration date. Failure to do so results in automatic lapse of the registration. (topipfirm.com)
Non-Use Cancellation: If a trademark is not used for three consecutive years, it may be subject to cancellation by a third party. (topipfirm.com)
5. International Protection
Madrid Protocol: Morocco is a member of the Madrid Protocol, allowing for international trademark registration through the World Intellectual Property Organization (WIPO). This system enables applicants to seek protection in multiple countries with a single application.
๐ Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law No. 23-13 (amending Law No. 17-97) |
| Registration Authority | Moroccan Office of Industrial and Commercial Property (OMPIC) |
| Duration | 10 years from registration, renewable every 10 years |
| Opposition Period | 2 months from publication |
| Use Requirement | Declaration of Use required after 3 years; non-use may lead to cancellation |
| Multi-class Applications | Allowed; Nice Classification system |
| International Treaties | Madrid Protocol |
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