Trademark

1. Trademark Law – Law No. 17-97 on the Protection of Industrial Property ( As modified and supplemented by the law 31.05)
2. Nice classification – 11th edition – multi-class application is permitted.
3. Search – Possible for word and device marks 
4. Examination – On formal and absolute grounds
5. Opposition period – 2 months from publication date
6. Extension of time –  Not possible for filing oppositions, counter oppositions, and responding to office actions
7. Term of protection – 10 years from filing date and renewable for like periods
8. Use – Mark is vulnerable to cancellation action by interested parties if there is no effective use of the mark for a period of 5 consecutive years

Once a trademark application is filed, it is examined as to its registrability. Trademark applications accepted by the Registrar are published in the Trademark Journal. Any interested party may file a notice of opposition to the registration of the mark within 60 days from the date of publication. In the absence of opposition, a trademark is registered and the relative certificate of registration is issued.

Time frame from filing a trade mark application up to registration.

Filing up to Examination : 1 months

Examination up to Publication : 1 months

Opposition Period : 2 months

Total Estimated Time Frame : 4 to 6 months

Opposition actions may be filed by any interested third parties against a trademark application within a period of sixty (60) days following its publication in the Trademarks Gazette. The opposition should be submitted in writing to the Trademark Office. 

Oppositions can be filed against new trademarks applications by the owners of the following rights:

• An earlier trademark application or registration
• A well-known trademark according to the provisions of article –bis of Paris Convention
• A protected geographical indication or appellation of origin

The Ministry shall notify the registration applicant with a copy of the opposition to his application.

The registration applicant has to file a written counter statement to such opposition to the Ministry within sixty (60) days from the date of being notified with the opposition. If the counter statement is not received within the prescribed term, the applicant shall be deemed to have abandoned his application.

The Moroccan Trademark Office will decide upon the opposition within six months after having considered the demands (claims) of every party. This timeframe can be extended to another six months. In case, one of the concerned parties objected to the decision of the Moroccan Trademark Office, the decision is liable to appeal before the Appeal Commercial Court of Casablanca.

• Power of Attorney simply signed and stamped indicating the name and title of the signatory.
• In case of claiming priority, a certified copy of the corresponding home or foreign application.

• Power of Attorney simply signed and stamped indicating the name and title of the signatory.

• Power of Attorney from the Assignee simply signed and stamped indicating the name and title of the signatory.
• Deed of Assignment signed by both parties.

• Power of Attorney in the new name and/or address simply signed and stamped indicating the name and title of the signatory.
• Extract from the Commercial Register.

• Power of Attorney, from the entity surviving the merger, simply signed and stamped indicating the name and title of the signatory.
• Certificate of Merger duly legalized by Moroccan Consulate

• Power of Attorney from the licensee.
• Copy of the License Agreement duly legalized by Moroccan Consulate

• Special Power of Attorney stating the withdrawal simply signed and stamped indicating the name and title of the signatory.

• Power of Attorney duly legalized by the Moroccan Consulate.
• Copy of the applicant’s Certificate of Incorporation or Commercial Register document.
• Certified copy of Certificate of Registration of each relevant trademark. (Must be issued within three months before the date of execution)
• Undertaking letter in respect of the liability against counterfeit products, simply signed. (Must be issued within three months before the date of execution)
• Declaration letter, printed on the applicant’s letterhead, stating the capacity of the signatory and the power entrusted thereto, duly signed and notarized. (Must be submitted within three months from the date of execution)