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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
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If I register my trademark in Morocco, do I have protection in other territories?
No. The mark will be protected only in the territory of Morocco.
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Do I need to sign a Power of Attorney?
Yes. Applicants are required to submit a power of attorney.
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Are there any benefits from a pre-filing use of the trademark?
No. There is no benefit from pre-filing use of the mark. Rights are established only through registration.
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Will there be problems in case I don’t use my trademark after registration?
Yes. If the registered mark does not meet the requirements with regards to usage, it will be vulnerable to revocation of rights.
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What are the types of trademark that can be registered in Morocco?
Marks that can be recreated or replicated graphically and signs that can help the public distinguish a good or service from its counterparts is allowed for registration.
- slogan
- word
- name
- colors
- shapes (3-dimensional)
- devices
- geographical names
- letters
- seals
- numbers
- hologram
- acronym
- smell
- trade dress
- sound
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What are the phases of application after a trademark has been filed in Morocco?
The order of trademark application in Morocco is as follows:
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Examination – All applications are examined according to:
- Compliance to requirements
- Classification of goods/services
- Descriptiveness
- Capability of the mark to be represented graphically
- Deceptiveness
- Conflict with earlier registrations
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Publication – Information about the trademark application will be posted online and will be published in the Trademark Gazette. This will allow the public to oppose if needed.
- Mark
- Applicant’s name
- Application number
- Application date
- Goods/services
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Registration – Once the examiners approved the mark and there are no oppositions after the publication or the oppositions are dismissed, the trademark office will grant the registration certificate
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What type of trademark is non-registrable?
The trademark law of Morocco does not accept the following marks for registration:
- Marks that are against public order or oppose moral standards
- Generic words or common terms
- Names/flags/symbols of nations/states/regions and international organizations
- Marks that lack distinctive qualities
- Marks that mislead the consumers as to the good’s origin of place or quality
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Does Morocco use the "Nice Classification" system?
Yes. Nice Classification is applicable in Morocco.
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Is there any possibility to claim priority in Morocco?
The home application filing date can be acknowledged as the Morocco filing date if:
- Home country is a Paris Convention signatory
- Home filing date is within 6 months from the date of filing in Morocco
- International registration can be based in Morocco
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What do I need to do to satisfy the use requirement?
To satisfy the requirement, the owner must use the mark on a business scale and within this jurisdiction. There should be no 5-year gap between each use.
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Once my trademark has been registered, for how many years will be valid?
Registered marks in Morocco are valid for 10 years starting from the date of application.
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What will be the renewal date of my trademark?
The first renewal date is done on the 10th year after the filing of application date.
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Is it legal to use my trademark even if it is not yet registered?
Yes. Unregistered marks are legally allowed to be used for goods and services.