web
analytics
Morocco - JAH CO.IP
Morocco

Morocco issued the new Law no. 23-13 to amend the law no. 17/97 related to Industrial Property. The said Law entered in force on December 18, 2014 and provides for the protection of industrial property rights in accordance with international standards in the field of industrial property.

 

The law protects patents for invention, layout-designs (topographies) of integrated circuits, industrial designs and models, trademarks and service marks, trade names, indications of source and appellations of origin and the repression of unfair competition.
The new law introduces the trademark electronic application system. This system permits national applicants or their agents file their trademark applications online.

 

The law also introduces the opposition system of trademarks in Morocco, where a period of two months from the publication date of the trademark application will be given during which a third party can oppose the trademark application.  The said opposition should be submitted in writing to the Registrar of Trademarks. It is now possible to any interested third parties to oppose a trademark on absolute grounds, calculation of deadlines before the PTO.

 

The Moroccan Trademark Office will decide upon the opposition petition 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 the decision of the Moroccan Trademark Office, the decision is liable to appeal before the Appeal Commercial Court of Casablanca.

 

With the aim of streamlining trademark filing procedures in Morocco, the law allows the owner or his agent to submit a petition to the Trademark Office within two months as of the expiry date of the initial prescribed deadline of three months to complete filing procedures (late filing of documents).

 

The said petition should be presented one time containing all original missing documents with the tax payment thereof.

 

Once a trademark application is filed, it will be examined as to form and substantially and then is published in the Official Gazette for opposition within 2 months as from the publication date. In case no opposition is lodged against it, the certificate of registration is issued.

 

The Customs administration is now entitled to block suspected counterfeited goods not only for importation but also for exportation and in transit.

 

It will be now be possible to file divisional applications either for patents, trademarks and designs and models, possibility to delay the disclosure of a design & model.

 

Licensing and assignments is now allowed for pending applications.

 

Moreover, major changes were made regarding the improvement of the invention patent system, the consolidation of the national trademark system, the reform of the national system of industrial designs and the enforcement of IP rights.

 

Office Marocain de la Propriété Industrielle et Commerciale
R.S. 114
KM 9,5 Route de Nouasseur – Sidi
Maarouf
Casablanca
Morocco
Tel + 212 22 33 54 86
Fax + 212 22 33 54 80
Mail directinfo@ompic.org.ma
www.ompic.org.ma

 

 

Office Marocain de la Propriété Industrielle et Commerciale
R.S. 114
KM 9,5 Route de Nouasseur – Sidi
Maarouf
Casablanca
Morocco
Tel + 212 22 33 54 86
Fax + 212 22 33 54 80
Mail directinfo@ompic.org.ma
www.ompic.org.ma