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
Trademark Requirements:
A power of attorney simply signed, and sealed with the official stamp of the applicant company indicating the name and title of the signatory.
Full particulars of the applicant company.
A certified copy of the priority document in case priority is to be claimed.
A certificate of guarantee if the mark is subject of international exhibitions or if it is officially known.
If the mark is collective, or of certification, a copy of the usage regulation is needed.
Time necessary from filing to registration for a smooth application is 3 months.
To achieve better enforcement of Intellectual Property Rights (IPRs) and prevent any infringement on such rights, border measures were strengthened and stiffened. According to the Law, the Administration of Customs and Duties shall have the full authority to seize any goods found to bear similar or identical trademark(s) to the original ones. The seizure can be upon the request of the owner of a registered trademark, or its local agent.
It is worth noting that the new law recognizes for the first time the registrability of the sound and smell marks.
Requirements for filing sound and smell marks are as follows:
A Power of Attorney simply signed and stamped by the applicant.
The name, address and nationality of the applicant and the nature of its business.
The list of the goods to be covered by the application.
Fifteen prints of the trademark (not exceeding 8×8 centimeters) and printing block, which may be obtained locally.
The musical composition (notes) for sound marks and explanatory legend regarding the essence for smell marks.
A certified copy of the basic registration if convention priority is to be claimed. This must be submitted within 3 months of filing.
Time frame from filing a trade mark application up to registration, on average, in the case that no office action or oppositions are issued or lodged:
Filing up to Examination : 1 months
Examination up to Publication :1 months
Opposition Period : 2 months
End of Opposition Period up to Issuance of Registration Certificate : 2 months
Total Estimated Time Frame : 5 months
Renewal requirement:
Power of attorney simply signed and sealed.
Scanned copy of the trademark registration certificate.
Time frame: 3 Months
License agreement requirements:
A simply signed power of attorney from the licensor or the licensee
license agreement with a sworn French translation, notarized.
Time Frame: 6 Months
Additional Time Frames:
Time frame required for preparing and filing an opposition or counterstatement with the Trademarks Office and follow up its proceedings till final settlement:
To prepare and file an opposition : 15 days, The approximate time frame for an opposition to be final turns today around 18 months
Time frame required for preparing and filing a lawsuit of any type such as infringement or cancellation action and follow up its proceedings till final settlement:.
18 to 24 months
Time frame required for filing an appeal with the trademarks registrar or court as applicable regarding an opposition action, counterstatement or rejection:
18 to 24 months
Patent Requirements:
Power of attorney simply signed.
Three copies of specifications, claims and drawings in French and Arabic.
Prior substantive examination for designs and patents applications is now required.
Acceptance of patents related to Micro-organisms is now permissuble.
PCT Patent Application:
International Application Form.
International Search Report.
PCT Demand.
PCT Preliminary Examination Report.
Certified copy of priority document.
Specifications, claims abstract and drawings in Arabic and French.
Deed of assignment duly executed by the inventors.
Power of attorney simply signed by the applicant.
International Publication Sheet.
Design Requirements:
Power of attorney signed and sealed.
3 sets of the representation of design.
Summary description of the design.
Requirements for change of name/address:
Certified copy of the certificate of change of name/address.
Details of the trademark (date, registration number).
Power of attorney simply signed by the applicant.
Requirements for assignment/merger:
Certified copy of the deed of merger/license contract which should be legalized up to the Moroccan Consulate in the applicant home country.
Power of attorney simply signed by the applicant.
License Applications
A simply signed power of attorney by the licensee.
A license agreement executed by both parties.
FILING REQUIREMENTS
1. Power of attorney, simply signed, with company seal.
2. 1 copy of the work of art.