Apply to register trademark in Morocco

Located in North Africa, bordering Spain through the Strait of Gibraltar, Morocco plays a key role in trade between Europe, Africa and the Middle East. The ports of Casablanca and Tangier Med are important transshipment points, connected to sea routes and international shipping. The country of Morocco is rich in rich natural resources including the world’s second largest phosphate reserves, which contribute significantly to exports and national income. Minerals such as copper ore, lead, manganese, and sandstone are also mined, providing a source of raw materials for industry. The abundant solar and wind energy potential helps Morocco develop clean and sustainable energy. The Moroccan government implemented many economic reform policies, attracting foreign investment and encouraging private enterprise. Inflation is controlled, the exchange rate is stable, creating a favorable business environment. Free trade agreements with the EU and other countries open up potential export markets for Moroccan goods. Therefore, more and more businesses are expanding their business scope here, in order to be able to distinguish their trademarks from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers preliminarily through the procedure for trademark registration in Morocco through the article below.

Legal basis

• Law No. 17-97 on the Protection of Industrial Property (enacted by Dahir No. 1-00-91 dated 9 Dhul-Qa’dah 1420 (dated February 15, 2000), and amended until Law No. 23-13)

Definition of “trademark” in Morocco

Trademarks are the property of the business. It is not merely a name or symbol but also a crystallization of a consumer’s perception and emotion towards a product, service, their effectiveness and activity. A trademark represents everything that a product or service offers to consumers.

Therefore, it is very important for trademark owners to protect their trademarks in the countries where they do business and eventually expand beyond borders to develop their business.

Article 133 of Law No. 17-97 on the protection of industrial property defines a trademark as: “a pictorially representable sign used to distinguish goods and services of an individual or legal entity.”

Trademarks include:

• Name brand: Expressed in words, word combinations, letters, numbers …
• Image brand: Contains images or graphics.
• Coordinated branding: Combine both text and visual elements.
• Audio label: Represented by musical notation.
• Odor brand: Expressed by scent.
• Holographic brand: Represents the product in three-dimensional form.

Types of trademarks

The type of trademark is distinguished based on the products and services it designates:

• Manufacturer brand: Placed by the manufacturer on an intermediate or finished product.
• Trade mark: Placed by a merchant on a product for sale.
• Service Brand: For services provided by a company (e.g. financial services, advertising, catering, etc.).

Trademark may also refer to:

• Collective trademark: Anyone who complies with the rules of use issued by the registered owner can use it.
• Certification mark: Applied to any product or service that meets certain specific standards in registration regulations (e.g. ISO 9000).

Conditions for trademark registration in Morocco

Based on the image provided, here are the eligibility criteria for trademark registration in Morocco:

Legal

• A trademark must not contain any signs prohibited by law, such as flags, coats of arms, emblems, and official signs of countries or intergovernmental organizations.
• It is forbidden to violate public order and morals.
• Must not contain misleading elements that could mislead consumers.

Different

• A trademark must be able to distinguish one company’s product or service from another’s.
• Don’t give a generic description of the product or service. For example, an applicant cannot trademark the word “bread” to sell bread.

Built-in

• A trademark must not infringe any prior rights, including registered trademarks, well-known trademarks, or trade names. This means that the trademark should not be too similar to an existing trademark that is being used by someone else.

Trademark registration dossier in Morocco

The trademark application must contain all of the following components on the date of submission:

a) Completed form M1 at the request of the applicant.

b) Two sample copies of the trademark, printed in black and white.

c) Two sample copies of the trademark, printed in color (if the brand is colored).

d) Pay fees as prescribed.

e) Power of attorney (in case another person submits an application, excluding professional representatives).

Immediately after submitting the application, the applicant will receive a receipt confirming the submission of the application.

Note: For online application, the implementation procedure is guided on the DirectInfo.ma website.

How to file for trademark registration in Morocco

To file for trademark protection in Morocco, you can apply by the following filing methods:

• Direct submission: You can go directly to the Moroccan Office of Industrial and Commercial Property (OMPIC) at RS 114 Km 9,5 Route de Nouasseur Sidi Maârouf Casablanca to submit your application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the address of the Moroccan Office of Industrial and Commercial Property (OMPIC) at RS 114 Km 9,5 Route de Nouasseur Sidi Maârouf Casablanca.
• Submit online via website:

Log in to the website and create an account to apply online http://www.directompic.ma/ When applying online, you should pay attention to the payment of the relevant fee according to the instructions of the Moroccan Office of Industrial and Commercial Property (OMPIC).

Trademark registration in Morocco through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• Morocco acceded to the Madrid Agreement on 30 July 1917.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Morocco accessed the Madrid Protocol on 8 October 1999.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles include the Madrid Singles of Vietnamese origin and the Madrid Singles with Moroccan designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and

Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

If you want to file a trademark application, please contact Viet An Law Firm for the most effective support

Update: 9/2024