Morocco

Trade Mark

Forms part of

No
ARIPO
No
OAPI
Yes
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th edition

Yes
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Morocco is a party to the Madrid System for international registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Morocco follows a multi-class filing system in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 8 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. Trade marks may be opposed within 60 days from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Morocco.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Budapest Treaty
Patent Cooperation Treaty (PCT)
Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS)
Strasbourg Agreement Concerning the International Patent Classification
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity

Types of Patents

Patents of Invention
European Patent Validations

Novelty Requirements

Absolute novelty

Grace Period/Prior knowledge

12-month grace period

Examination procedure

Formal and substantive examination (with a search forming part of the substantive examination process)

Duration & Maintenance

20 years from filing date (the European filing date if a validation).
Annual maintenance fees.

Working Requirement

No use requirement, but failure to work the invention within four years from the filing date may constitute a ground for the grant of a compulsory license

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Paris Convention
Convention establishing World Intellectual Property Organization (WIPO)
Hague Agreement Concerning the International Deposit of Industrial Designs
Agreement concerning the Trade-Related Aspects of Intellectual Property (TRIPS)
Locarno Agreement Establishing an International Classification for Industrial Designs
The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs

Types of Designs

Industrial designs (no utility models)

Classification

Industrial Classification for Industrial Designs under the Locarno Agreement Tenth Edition

Novelty Requirements

Absolute novelty

Grace Period/Prior knowledge

12-month grace period for disclosures at official or officially recognised international exhibitions

Examination procedure

Formal examination

Duration & Maintenance

5 years from the application date renewable for 4 consecutive periods of 5 years, for a total duration of 25 years.
Maintenance payments every 5 years.

Working requirement

No use requirement