Jun 02, 2022 (Newsletter Issue 7/22)
Accession to Geneva Act of the Hague Agreement
On 22 April 2022, the Government of Morocco deposited its instrument of accession to the 1999 Geneva Act. Morocco is the 69th contracting party to join the 1999 Act.
The Act will enter into force in Morocco on 22 July 2022.
Source: www.wipo.int
Nov 15, 2018 (Newsletter Issue 19/18)
Declaration of Maximum Duration of International Registrations of Industrial Designs
On June 14, 2018, the Moroccan Industrial and Commercial Property Office (OMPIC) provided to WIPO a declaration as required under Rule 36(2) of the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement, specifying that the maximum duration of protection provided for by the legislation of Morocco in respect of industrial designs is 25 years.
The declaration states that the duration of protection is provided for in Article 122 of Law No. 17-97 on the Protection of Industrial Property (as amended by Law No. 23-13) that came into effect on December 18, 2014.
For further details concerning the applicability of the new duration of protection to an international registration designating Morocco, please contact OMPIC directly at: dmi@ompic.ma
Source: www.wipo.int
Jun 28, 2018 (Newsletter Issue 12/18)Issuance of Certificates Electronically The Moroccan Trademark Office (OMPIC) has announced that as of May 28, 2018, trademark registration certificates and renewal certificates will be issued electronically in a digital PDF format bearing the official stamp of OMPIC.
Such a move is aimed at expediting and facilitating the registration process of trademarks, whilst the certificate will have the same legal value for enforcement purpose.
Source: JAH & Co. IP, Qatar Oct 05, 2017 (Newsletter Issue 17/17)Official Fees IncreasedThe Moroccan Office of Industrial and Commercial Property has announced an increase in the official fees for all IP matters including Trademarks, Patents and Designs. The increase is effective starting October 1, 2017.
The official fees are reduced when the filing formalities are made online noting that only operations related to trademark (filing & renewal), Industrial design (filing & renewal) and annuities, are operational via the online services for the time being.
The new official fee for filing a trademark online is now MAD 1,800 for the first class and MAD 360 for each additional class. Filing per paper is MAD 2,400 for the first class and MAD 480 for each additional class.
A list of the new official fees can be seen here
Source: JAH & Co. IP, Qatar May 02, 2016 (Newsletter Issue 8/16)
Official Application Fee Amended
The Moroccan Industrial and Commercial Property Office has revised its fee schedule for IP protection matters.
As of March, 2016, the official fee for filing a trademark is MAD 1,200 for the first class and MAD 150 for each additional class.
Source: www.ip-coster.com
Jan 28, 2015 (Newsletter Issue 2/15)New Law on Industrial Property IssuedA new Industrial Property Law (No. 23-13) has been issued in Morocco to amend the law (No.17/97) related to Industrial Property. The said Law entered in force on December 18, 2014 and provides for the protection of industrial property rights in accordance with international standards in the field of industrial property. The new Law entered into force on the date of publication in the Official Gazette on January 15, 2015.
The new Law aims to strengthen the protection of industrial property taking into consideration the continuous change that characterized the protection of the rights related to industrial property. Main features of the new Law are summerized as follows:
- Prior substantive examination for trademarks, designs and patents applications is now required.
- A new opposition procedure entered into effect.
- The Customs administration is now entitled to block suspected counterfeited goods not only for importation but also for exportation and in transit.
- It will now be possible to file divisional applications either for patents, trademarks and designs and models, possibility to delay the disclosure of a design & model.
- Licensing and assignments allowed for pending applications.
- New duration of design & model rights.
- It will be possible to any interested third parties to oppose a trademark on absolute grounds, calculation of deadlines before the PTO.
Moreover, major changes were made regarding the improvement of the invention patent system, the consolidation of the national trademark system, the reform of the national system of industrial designs and the enforcement of IP rights.
Source: JAH & Co. IP, Qatar and www.agip.com Dec 03, 2013 (Newsletter Issue 17/13)
New IP Law Soon Expected
The new law No. 23-13, amending and completing the basis law No. 17-97 was approved by the Government council in Morocco on September 12, 2013.
The draft law was forwarded to the competent authorities for further review and approval. According to the Moroccan Trademark Office, the law might be probably implemented early 2014.
Source: Saba & Co. IP – Head Office, Lebanon
Nov 01, 2012 (Newsletter Issue 16/12)
Official Fees Payable for Each Class
According to Ministerial Resolution no. 06/2012 dated June 21, 2012, the fees for the filing and the renewal of trademark applications will be payable separately for each and every class, and not up to the first 3 classes, as was the practice before.
Source: SMAS IP, Morocco
Oct 16, 2012 (Newsletter Issue 15/12)
Official Fees Increased
In compliance with the recent Moroccan Industrial and Commercial Property Office (OMPIC) Decision, the official fees for filing trademarks and designs have been increased, which became effective on October 1, 2012.
The new official fee for filing a trademark is MAD 1,200 for the first class and MAD 150 for each additional class.
Source: SMAS IP, Morocco; H & H Consulting Law Firm, Morocco and H.R. Law Firm, Morocco
The Moroccan Parliament approved on December 18th, 2014, a new Industrial Property Law published in the Official Gazette No. 6318 on December 18th, 2014. The new Law No. 23.13 amends and supplements Law No 17-97 on the Protection of Industrial Property which took effect on December 18th, 2014.
Morocco is a member of the Madrid Agreement and the Madrid Protocol.
Trademark protection is obtained by registration. The owner of a well-known mark within the meaning of the Paris Convention may claim cancellation of the registration of a mark that may be confused with his own mark. Such proceedings shall be prescribed five years after the registration date unless the registration was applied for in bad faith.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms which are three-dimensional signs and three-dimensional pictures, colors, combinations or shades of colors, three-dimensional forms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs. The law also recognizes the registration of sound and olfactory badges.
The following trademark types are registrable: trademarks, service marks, collective marks, trade names, and titles of establishment.
Registrable are denominations in all forms, such as words, combinations of words, surnames and geographical names, pseudonyms, letters, numerals, abbreviations;
Further, registrable are figurative signs such as devices, labels, seals, selvages, reliefs, holograms, logos, synthesized images; shapes, particularly those of a product or its packaging or those that identify a service; arrangements, combinations, or shades of color.
Also, sound signs such as sounds, musical pieces; and olfactory marks.
The following trademark types are registrable: trademarks, service marks, collective marks, trade names, and titles of establishment.
The application is filed at the ʻMoroccan Office for Industrial and Commercial Propertyʼ in Casablanca, covering the whole of Morocco. Electronic filing is now applicable.
Multiple-class applications are possible.
Foreign applicants need a local agent.
As per the current law and practice power of attorney is no more requested by the Moroccan registrar in order to proceed with filings, however, it is required to receive a specific form for each change or cancellation to be recorded later.
The Moroccan PTO examines an incoming trademark application with regard to compliance with formal requirements and absolute grounds for refusal. The PTO does not examine conflicts with prior identical or similar trademarks.
The Moroccan Trademark office publishes all filed trademarks on a half-month basis to enable holders of protected trademarks to exercise their right of opposition. If no opposition is retained, the trademark is registered. The processing time from first filing to registration is 3 to 4 months if no opposition is filed.
National:The opposition period is 2 months from publication of the trademark in the Official Gazette. The opposition is done at OMPIC.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
A trademark registration is valid for 10 years from the filing date and renewable indefinitely for the same period. The renewed trademark will keep the same number of the original Trademark.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark online is MAD 1,800 for the first class and MAD 360 for each additional class. Filing per paper is MAD 2,400 for the first class and MAD 480 for each additional class. Additional to that MAD 65 for the first class and MAD 12 for additional classes will be applicable as stamp duty with each application.
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Divisional Application procedure:
The new Industrial Property Law (No. 23-13) provides the possibility for an applicant or his agent to divide the initial application before the registration of the trademark and after payment of the official fees. The divided application shall maintain the initial filing date or the priority date, if applicable, and shall be subject to the same conditions and formalities. The divided application could contain only the same goods and services as the initial filing application. However, it is not possible to divide the application for the goods and services that are opposed or rejected
Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Apr 05, 2022
Abu-Ghazaleh Intellectual Property, Casablanca, Morocco