The current trademark regulations in Morocco are mainly based on the "New Intellectual Property Law No. 23-13" promulgated on December 18, 2014, which is an extension and supplement to the "Industrial Property Protection Law No. 17-97". The Moroccan Industrial and Commercial Property Office is responsible for managing trademark affairs, and the official language is Arabic. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Morocco follows the principle of "application first".
Morocco is a party to international intellectual property treaties such as the Paris Convention, WIPO Convention, TRIPS Agreement, Nice Agreement, and Nairobi Treaty, and is also a member of the Madrid Agreement and Madrid Protocol. Therefore, trademark registration can be processed through "single country registration" or "Madrid international registration".
At present, the Moroccan Industrial and Commercial Property Office adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements of a trademark that can be registered in Morocco include: text, name, graphics, slogan, commercial appearance/decoration, hologram, color or color shadow combination, three-dimensional identification, sound, smell, etc.
If the applicant does not reside in Morocco, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. The power of attorney must be signed and stamped;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a Moroccan trademark is: application, acceptance, examination (absolute reasons), announcement, approval, and issuance of a certificate. The decision on whether to accept the application will be made 3-4 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark and whether it violates the prohibition and prohibition clauses. After the review is approved, a public announcement will be arranged, with a 2-month objection period from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
6. The slogan trademark lacks originality.
If there are no objections or objections are not valid during the announcement period, the registration can be approved and a registration certificate can be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. In a smooth situation, trademark registration in Morocco takes 6-10 months; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended, possibly taking 1-2 years.
The Moroccan trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.