Trademarks in Morocco

Competent Authority

• Name of Office: Moroccan Office of Industrial and Commercial Property (Office Marocain de la Propriété Industrielle et Commerciale - OMPIC).
• Working Language: Arabic or French.
• System Type: National.

International Treaties

• Paris Convention: Member.
• Madrid System: Member of both the Madrid Agreement and the Madrid Protocol. International registrations via the Madrid System can designate Morocco.

Who May Apply

• Eligibility: Natural and legal persons.
• Local Representation: Foreign applicants who do not have a domicile or effective commercial establishment in Morocco must be represented by an authorized local trademark agent or representative.
• Power of Attorney (POA): Required for foreign representation; must be signed by the applicant and typically requires legalization up to the Moroccan Consulate.

Online Filing and Search

• Electronic Filing: Available via OMPIC's digital online portal infrastructure.
• Trademark Search: Conducted via OMPIC's online database or official search facilities to screen prior conflicting rights.

Protectable Trademark Types

• Word marks, figurative elements, combined marks, shape marks, and sound marks.
• Applications submitted in foreign scripts must include a certified translation or phonetic transliteration in Arabic or French.

Classification

• System: Nice Classification (current edition).
• Multi-class Applications: Supported.

Examination

• Scope: OMPIC conducts formal examinations (document verification and classification) and substantive examinations covering absolute grounds (distinctiveness, public order, and morality). Relative grounds (prior conflicting rights) are primarily vetted via the inter partes opposition system rather than official proactive examiner rejection.

Publication and Opposition

• Opposition System: Approved applications are published in the Official Industrial Property Catalogue (Journal Marocain de la Propriété Industrielle). Interested third parties may file a notice of opposition within 2 months from the publication date.

Timeframes

• Registration Timeline: Approximately 4 to 6 months for a straightforward, unopposed application process from initial filing to certificate issuance.

Official Fees

• Fee Structure: Official filing fees are denominated in Moroccan Dirhams (MAD). Baseline standard filing covers electronic or paper submissions per class, with incremental fees for multi-class inclusions and certificate issuance.

Duration and Renewal

• Protection Term: 10 years calculated from the filing date.
• Renewal Window: Can be renewed for successive 10-year blocks within the final 6 months prior to expiration, backed by a 6-month grace period subject to late payment surcharges.

Use Requirements

• Non-Use Cancellation: A registered trademark is vulnerable to cancellation or revocation actions brought by any interested party if it has not been put to genuine commercial use for a continuous period of 5 consecutive years.
• System Type: First-to-file.

Post-Registration Procedures

• Assignments, licensing agreements, changes of name, and changes of address must be formally recorded with OMPIC to ensure legal validity and enforceability against third parties. Recordal submissions require executed and legalized documentation.

Legal Remedies & Enforcement

• Enforcement: Handled through civil infringement actions, commercial court tribunals (such as the Commercial Court of Casablanca), provisional interdicts, damages, and criminal counterfeiting penalties (fines and imprisonment). Border customs recordal measures are available for anti-counterfeiting enforcement.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.