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Morocco – Trademarks

 

From Filing to Registration: Approximately 4 Months

Convention Priority: Yes

Classification of Goods/Service: International (10th edition)

Multiple Class Applications: Yes

Procedure: Once the application is filed, it is queued to be examined formally and on the basis of absolute grounds. Accepted applications by the Registrar are published in the Official Gazette. There are 60 days period open for filing an opposition by any interested party. In the absence of an opposition, the published trademark is registered, and the certificate of registration is issued.

Registration Validity: 10 years, renewable for other consecutive periods, each of which is 10 years.

Renewal Time: Application for Renewal should be submitted prior to expiry date. Late renewal can also be submitted within Six months as of the termination of the protection period.

Trade/Service mark Use: Not pre-requisite for registration. However, a trademark is vulnerable for cancellation by any interested party, who may prove that the trademark was not actually used during the five years preceding the application for cancellation.

Requirements:

Trademark Applications

1. Power of Attorney simply signed and stamped by the applicant.
2. The name, address and nationality of the applicant and the nature of its business.
3. A list of the goods to be covered by the application.
4. Fifteen prints of the trademark (not exceeding 8x8 centimeters) and printing block, which may be obtained locally.
5. Copy of priority document, if priority is claimed, certified.

Item 3 must be submitted at the time of filing. Items 1 and 5 may be submitted within 3 months from filing date, with payment of a surcharge.

Renewal of Trademark/Service Mark Registrations

1. Power of Attorney simply signed and stamped by the applicant.
2. The number and date of the registered trademark/service mark or copy of the registration /renewal certificate

Assignment Applications

1. Power of Attorney from the Assignee simply signed and stamped.
2. Deed of Assignment, signed by both parties and legalized up to the Consulate of Moroccan Consulate.

Change of Address

1. Power of Attorney simply signed and stamped.

Change of Name

1. Power of Attorney simply signed and stamped.
2. Certificate of change of name; notarized.

Merger

1. Power of Attorney simply signed and stamped by the applicant.
2. Merger agreement duly legalized up to Moroccan Consulate

 

Morocco – Patents

 

Patent Protection Period: 20 years

Annuity Payments: Patent annuities from (1st-5th) must be paid at once. The rest of annuities are payable by periods of 5 years as follows: (6th-10th, 11th-15th and 16th- 20th).

From Filing to Registration: Approximately 18 Months

Convention Priority: Yes

Novelty: Examined formally

Filing Language: Specifications, claim and drawings can be filed in Arabic or French.

Procedure: Once the application is filed, it is queued to be examined for formalities compliances and fulfilment of all requisites. Examination of patent applications will only be as to form and patentability of the invention's title only, i.e. the applications will not undergo any substantive examination. Patents are granted within 18 months as of the filing date of the patent application. Exclusive rights to exploit the invention are granted to the inventor or his successors in title.

PCT: Morocco is contracting state of PCT
Time Limit for Entering PCT National Phase: 31 months

Requirements:

Filing Requirements for Patent Application:

1. Power of Attorney simply signed and stamped by the applicant.
2. The name, address and nationality of the applicant and the nature of its business.
3. Formal drawings.
4. Specification and claims in French.
5. Deed of assignment document Notarized, if the applicant and the inventor(s) are not the same.
6. Certified copy of the priority document, if priority is to be claimed.

Assignment:

1. A power of attorney signed by the assignee.
2. A deed of assignment legalized or notarized by both parties.

License Agreement:

1. A power of attorney simply signed by the licensee.
2. A license agreement legalized or notarized by both parties.

Merger:

1. A power of attorney signed by entity surviving the merger.
2. A notarized document attesting the merger.

Change of Name and / or Address:

1. A power of attorney simply signed.
2. A notarized document attesting the change of name.

 

 

 

Morocco – Designs

 

Design Protection Period: 5 years from filing date and can be Renewable for two consecutive terms of 5 years.
Convention Priority: Yes
Novelty: Absolute
Annuity Payments: Not applicable

Procedure: Once the Design application is filed, it is queued to be examined with respect to compliance with provision of Industrial Designs Law. Once an application is accepted, it is entered in the register and the registration certificate will be issued.


Filing Requirements for Design Application:

1. Power of attorney, simply signed with company seal.
2. 3 representations of the design.
3. Short description of the design in French.
4. Priority document, if priority is claimed, certified copy.

The title in French, the representations of the design and the power of attorney must be submitted at the time of filing. Remaining documents may be submitted within 3 months from filing date with payment of a surcharge.