FAQ

1 . How to "verify" the availability of a trademark ?

To perform a prior art search, the website of the OMPIC provides its customers with a national database, and a database of international brands designating Morocco.

The search is performed using different search criteria, used alone or in combination: trademark, applicant, filing date, Nice class, etc....for that reason :

Access to the website of the OMPIC www.ompic.ma [1]
Access to the database of the OMPIC
Select the "trademarks" of "Industrial Property"
Choose the national research
Type the name of the trademark with or without other search criteria
Start the search
Analyze the detail of the search result

Check if the trademark has been registered in Morocco by an international procedure (Madrid system)

Access to the website of the OMPIC www.ompic.ma [1]
Chose the "trademarks" of "Industrial Property"
Chose the international research
www.wipo.int/rosemary [2](to view the history of the trademark)
Enter the name of the trademark and MA (for Morocco) under the heading "designated contracting party"
Start the search

2 . How to file a trademark at the national level?

Make a prior art search to check that the brand is not already registered

Post a folder in the OMPIC which contains the following documents:

The M1 [3] form duly completed, downloadable on Internet.
Two models reproductions of the brand in black and white (8 x 8 cm maximum)
Two models reproductions of the brand in colors (if applicable)
The power of attorney enabling the agent to file for the trademark in your name (excluding professional representatives cabinets).
The amount of fees

You can also file your trademark on the Internet using the DirectInfo trademarks service

Subscribe to the online service
Enter the site www.directinfo.ma [4] and follow the indicated procedure.

3 . What is a priority right?

When you have filed a trademark, trade or service in Morocco, you have priority for 6 months to file it in other countries signatories of the Paris convention: it is the right of priority.

4 . How to file a trademark at the international level?

You must have made a deposit in Morocco (base deposit)
You file an international application with the OMPIC, which will present it at the International Bureau of the World Intellectual Property Organization (WIPO) in Geneva.
It is a unique application, in one language, with payment of a single set of rights, in countries acceding to the Madrid System that you designate.
The file contains the following parts:
- 4 reproductions of the trademark identical to that of the base deposit
- The power of attorney who has an address in Morocco.
- The list of countries where you want to register your trademark, members of the Madrid System.
You make a transfer to the account of WIPO in Geneva
- The amount of fees is based on selected countries, the number of classes of products and services covered.
- The OMPIC transmits the file to WIPO only after the receipt of the transfer order.

5 . What is the fee payable for a national trademark registration?

The fees are of 1200 DH TTC for 3 classes of products or services covered. And beyond the 3 classes you will pay 120 DH Tax/class).

For registration of a collective tademark or certification (3 classes), the fees is of 1440 DH TTC and beyond of 3 classes you will pay 180DH Tax/class).

Check OMPIC tariffs

6 . What is the fee for an international trademark registration ?

Calculation procedure :
- Go to the website www.wipo.int/madrid/fr/fees [5]
- Click on: "tax calculator"
- Choose Morocco for country of origin, indicate the number of classes, the type of trademark
- Check "color" if the trademark is in color
- Select countries chosen for the trademark extension
You obtain the amount of fees payable in Swiss Francs.

7 . Am I protected when I export my products of which the trademark is protected in Morocco?

No. An industrial property is a territorial right. It gives you rights only in the country where you registered it. If you export your products, you'd better save your trademarks of products and services in the countries of export.

8 . How long is my trademark protected after its registration?

A trademark is registered for a period of 10 years
This period is definitely renewable
You must apply for renewal within the 6 months prior to expiration. However, you have a grace period of 6 months after expiration to register your renewal application, upon payment of default interest.

9 . What is the Nice classification?

The Nice classification is an international classification of products and services used for the registration of trademarks. There are 34 classes of products and 11 classes of services.

For a list of categories: www.wipo.int/classifications/nivilo/nice [6]

10 . What is the relationship between name and Trademark ?

The social name is the distinctive appellation or distinctive sign under which any enterprise is carried, while the Trademark is a sign serving to distinguish products or services of a natural or legal entity. However, the name can be used as a trademark, and to make it happen it is necessary to deposit the trademark because the registration of a trade name is not sufficient.

11 . Which countries participate in the Madrid System?

We distinguish:

The Madrid Agreement
The Madrid Protocol

A country can be member of the Agreement, of Protocol or both.

For a list of member countries.

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