Despite the independence of Morocco and the integration of Tangier in the general economy of the Kingdom, the Office Morocain de la Propriete Industrielle at Casablanca and Bureau de la Propriete Industrielle at Tangier are still functioning separately. For protecting intellectual property rights in Morocco, registrations in both Casablanca and Tangier are still necessary.
Morocco and Tangiers is a party to the Madrid Agreement concerning the international registration of trademarks and a member to the Paris Convention for the Protection of Industrial Property. The international classification of goods and services is followed in Morocco.
Once a trademark application is filed, it will be examined as to the form only. If found in order, a certificate of registration will be issued instantly. The trademarks registered during the preceding year are published in a yearly special supplement of the Official Gazette. There are no provisions for filing opposition to a trademark registration.
A trademark registration in Morocco is valid for 20 years as from the registration date and is renewable for similar periods. No grace period is allowed for a late renewal of a trademark registration. The assignment of a trademark should be recorded within three months as of the date of the execution of the assignment document. Unless an assignment is recorded, it will not be effective vis-à-vis third parties. The assignment may be made with or without the goodwill of the business concern. Changes in the name or address of a registrant may be recorded; the recordal of a license agreement is permitted as well.
In accordance with the trademark law protection is not acquired by registration only but also through use of the mark. Any aggrieved party can sue or oppose the registration of a similar or identical trademark provided the injured party produces a sufficient evidence of prior use of the mark in Morocco or elsewhere.
Any infringement or unauthorized use of a registered trademark, an imitation of such trademark applied on goods or in relation with services of the same classes, sale, offer for sale of goods on which infringing marks are applied are offences punishable under the penal and civil laws in Morocco.
Use of a trademark is neither a prerequisite for filing an application nor for maintaining a trademark registration. However, a registered trademark will be vulnerable to cancellation if there was no use of the mark in Morocco during the five years immediately preceding the application for cancellation. Nominal use of the mark is not effective, real use has to be proved in case of legal action. On the basis of a court order, any interested party is entitled to demand the cancellation of any registered trademark.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Abu-Ghazaleh Intellectual Property Bulletins
For further information you make also like to view the Intellectual Property Bulletins published monthly by Abu-Ghazaleh Intellectual Property - IP Bulletins
