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Trademark filing in Morocco

The filing process is done in six steps:

1st step : Before filing

  • The prior search :see the previous link [1]
  • Classification of your products and/or services: you must classify them according to "Nice classification", this international classification is ordered into 45 classes and allows to specify exactlywhat class(s) belong to your products and/or services.
    Download Nice classification [2]
  • Appointment of agent : Filing a trademark needs the appointment of an agent if :
  • you are a natural entity ;
  • You are not resident in Morocco ;
  • You are an individual and you want to be represented by a natural person.

This agent can be a professional such as an industrial property advisor, a lawyer, or any other person holding the power of attorney to represent the applicant of the brand as an employee, He becomes responsible for all the filing formalities on your behalf.

The agent must be resident in Morocco.

2nd step : The choice of method of filing

Submission of the application for registration of the trademark is done at the head office of the OMPIC in Casablanca or in one of the 28 regional offices [3] spread across the national territory, or from dedicated service areas in the chamber of commerce in Casablanca and in the French chamber of commerce in Casablanca. You can also file your brand online via the DirectInfo [4] service.

3rd step : The filing

The application must contain on the date of filing :

    a) The deposit form M1 [5] duly completed by the applicant;

    b) Two model reproductions of the trademark in black and white;

    c) Two model reproductions of the trademark in colors ( if the brand is in color ) ;

    d) Payment of the fees due ;

    e) The authority or power of attorney, enabling the agent to file for the trademark in your name (excluding professional representatives cabinets).

An application missing any of the documents (a, b and c) referred to above is not admissible (Article 144 of the Law 17.97).

A receipt is immediately delivered to you recording the filing of the application.

NB: As far as the online filing is concerned, the procedure to follow is on the site of DirectInfo.ma

4th step : Review of the filed application

  • An examination of form, namely the study of the validity of the form to fill out and documents required listed in the Article 144 of the law 17.97. A period of three months, from the date of filing, is expected to regularize the application. Another period of two months is granted in case of non compliance with deadlines, to file a request for further proceedings.
  • A substantive examination based on the system of absolute grounds.

The reasons for rejection of a trademark are determined by Articles 148, 133, 134, 135 of the law 17.97.

For more information, please refer to the law 17.97 [6]

In the end, if your application meets all these conditions, it will be published in the official catalog of trademarks.

5th step : Publication

Your filed trademark is published for a period of two months in the official catalog of trademarks that are available on the website of the OMPIC and on DirectIfo.ma.

Link to sub-heading "Official Catalog of Trademarks" [7]

6th step : The registration

After two months of publication, and if no opposition has occurred, the brand is registered.

A “certificate for trademark registration " is given or notified to the applicant or his agent.

Download the form on the withdrawal of certificates (RTm) [8].

Your trademark is protected in a period of ten years indefinitely renewable.

The formalities for renewal are detailed in the section: Trademark management. [9]

Registration gives an exclusive right of trademark ownership for the designated products and /or services, and prohibit third parties from exploiting it without your permission.

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  • Trademarks and other Signs
    • About Trademark
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Source URL: http://www.marquesaumaroc.ma/en/content/trademark-filing-morocco

Links
[1] http://www.marquesaumaroc.ma/en/content/brand-search
[2] http://www.wipo.int/classifications/nivilo/nice/index.htm?lang=EN
[3] http://www.marquesaumaroc.ma/en/content/regional-branches?field_ville_value_i18n=Rabat
[4] http://www.directinfo.ma/
[5] http://62.251.167.25/sites/default/files/M1%2Bannexe.doc
[6] http://62.251.167.25/sites/default/files/La%20loi%2023-13%20modifiant%20et%20compl%C3%A9tant%20la%20loi%2017.97.PDF
[7] http://www.marquesaumaroc.ma/en/content/official-catalog-brands
[8] http://62.251.167.25/sites/default/files/RTm.doc
[9] http://www.marquesaumaroc.ma/en/content/brand-management
[10] http://www.marquesaumaroc.ma/en/content/registration-trademarke-abroad