Smit & Van Wyk Patent, Trademark & Registered Designs

Morocco Trademarks

Trademark Registration and Protection

Morocco is a First to Use country and whomever first uses the mark gets the rightsMorocco trademarks are valid for 10 years from the filing date and renewable for further periods of 10 years. Morocco is a member of the Madrid Protocol which offers international trademark filing, registration and maintenance. A single application in Morocco can be applied to multiple jurisdictions so long as those countries are members of the Madrid Protocol. Morocco is a member of the Paris Convention and recognises the goods and services classes from the Nice Classification.

Smit & Van Wyk Intellectual Property law firm in Africa specialise in Morocco trademarks for goods and services. We work with a network of trusted and knowledgeable agents to develop the best possible solution to each of our clients’ Intellectual Property needs in Africa. Our fields of practice encompass all aspects relating to trademark registrations, renewals and protection, but more specifically:

  • Providing advice on the registrability of a trade mark.
  • Selection, use and retention of trade marks.
  • Preparing and prosecuting trade mark applications.
  • Helping clients license or franchise their rights.
  • Handling of trade mark maintenance including payment of renewal fees.
  • Recording amendments.

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Morocco Trademarks – Morocco is a First to Use country and whomever first uses the mark gets the rights. Morocco trademarks are valid for 10 years from the filing date and renewable for further periods of 10 years. Morocco is a member of the Madrid Protocol which…

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Nice Classification

Morocco recognises the goods and services classes from the Nice Classification and allows for multi-class filing. The Nice Classification, established by the Nice Agreement, is an international classification for the registration of marks.  A new edition is published every 5 years and a new version of each edition is published annually. Use of the Nice Classification is mandatory for the national registration of marks in countries party to the Nice Agreement:

the African Intellectual Property Organization (OAPI);
the African Regional Intellectual Property Organization (ARIPO);
the Benelux Office for Intellectual Property (BOIP);
the European Union Intellectual Property Office (EUIPO) and;
the International Bureau of WIPO.

Morocco Trademarks Requirements

To file a trademark in Morocco, the requirements are as follows:

Simply signed Power of Attorney, with French translation.
Details of the Applicant (full names, physical address, nationality/country of incorporation).
Representation of the trade mark(s).
List of goods and/or services.
Certified copy of priority document (if applicable) with verified French translation.

Paris Convention

Morocco is a member of the Paris Convention where each contracting state must grant the same IP protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trade marks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trade marks and industrial designs to name a few.

Madrid Trademarks in Africa

Only 9 of the 38 African members have enforced the Madrid Protocol through appropriate amendments to their national trademark legislation, together with the implementation of enabling regulations, namely Botswana, Gambia, Ghana, Kenya, Liberia, Malawi, Mozambique, Namibia and Zimbabwe. Even in these 9 countries, practical issues exist such as the recognition of the national laws of each country, the enforceability of the International registration in those countries and the effect of national common law rights.  Procedural issues include adhering to the system’s strict processing timelines, irregular publication of Trade Mark Journals, late examination or non-examination and issues related to record keeping. It is recommended that clients pursue national trademark applications in each African country of interest.  We remain at your disposal to render advice as to which countries may enjoy a successful registration using the Madrid System.

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