Trademarks Law in Western Sahara
Here’s an overview of Trademark Law in Western Sahara:
Trademark Law in Western Sahara
1. Legal and Political Status
Western Sahara is a disputed territory with limited or no recognized sovereign government.
It is claimed by both the Sahrawi Arab Democratic Republic (SADR) and Morocco.
Because of its unique status, Western Sahara does not have an independent or internationally recognized trademark registration system.
2. Trademark Protection
In practice, trademark protection in Western Sahara is generally governed by the laws of the administering authority, which is mostly Morocco in the areas it controls.
Moroccan intellectual property laws, including trademark law, are applied in the Moroccan-controlled parts of Western Sahara.
Moroccan trademark law is administered by the Moroccan Industrial and Commercial Property Office (OMPIC).
3. Moroccan Trademark Law Basics (applicable de facto)
Registration is through OMPIC.
Trademarks can be registered for 10 years, renewable indefinitely.
Morocco is a member of the Madrid Protocol, Paris Convention, and TRIPS Agreement.
Trademark rights are territorial and apply within Morocco and Moroccan-administered Western Sahara.
4. International Protection
Due to the lack of recognized sovereignty, there is no separate trademark registration for Western Sahara under international systems like Madrid Protocol.
Trademark applicants interested in protection in Western Sahara usually file in Morocco.
5. Summary Table
| Aspect | Status in Western Sahara |
|---|---|
| Independent trademark law | ❌ No recognized system |
| Trademark registration | ❌ Not available locally |
| Applicable law | ✅ Moroccan trademark law (de facto) |
| International treaties | ✅ Applicable via Morocco |
Recommendation:
For trademark protection relevant to Western Sahara, register the trademark in Morocco.
Consider international trademark filings designating Morocco under the Madrid Protocol for regional protection.
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