MOROCCO - The organizations associated with the country are - World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC). The Conventions regulated for the country are - Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement.

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Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals of a trademark.

Classification:

The International Classification of Goods and Services (10th Edition) is followed. A single application may include several classes.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 60 days from publication date.

Power of Attorney:

A separate power is required for each application or set of applications.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years.

Assignment:

Trademarks may be assigned with or without the goodwill of the business concerned and May be recorded for applications and registrations.

License:

License recordation is compulsory to be effective against third parties and May be recorded for applications and registrations.

Merger:

May be recorded for applications and registrations.

Change of Name/Address:

May be recorded for applications and registrations.

Time Frame:

Conducting search is between 2 to 7 working days, Registration/Renewal process is within 08 to 12 months and Recordation process within 06 to 09 months.

Filing Requirements:

  • Simply signed Power of Attorney.
  • Certified copy of the priority document. If priority is claimed.

Renewal:

  • Simply signed Power of Attorney (in case we are not the agents of record).

Assignment:

  • Power of Attorney simply signed by the assignee.
  • Deed of assignment signed by both parties duly legalized up to the Moroccan consulate.

License:

  • Power of Attorney simply signed by the Licensee.
  • License agreement signed by both parties duly notarized.

Merger:

  • Simply signed Power of Attorney.
  • Certified copy of the merger certificate.

Change of Name/Address:

  • Simply Signed Power of Attorney in the new name/address.
  • Certified copy of the certificate of change of name (No Additional Documents for change of address).

Protection Term:

The term of protection is 20 years from international filing date.

Annuities:

Due annually on the anniversary of the international filing date and payable after to grant. 6-month grace period for late payment with a surcharge. Restoration can be requested within three months as from date of receipt of the notification of rejection for lack of payment of annuities after the 6-month grace period.

Opposition:

There are no provisions for opposition.

Search:

Only granted patents can be searched. Patents may be searched by title, patentee name, inventors, and priority date.

Examination:

As to form, novelty, inventiveness and industrial applicability.

Compulsory License:

A patent has to be worked; within 4 years from national filing date or 3 years from grant date. The patent may be subject to compulsory licensing according to the provisions in the law.

Filing Requirements:

  • Simply signed Power of Attorney.
  • Simply Signed Deed of Assignment, if the applicant is not the inventor.
  • Certified copy of the priority document. If priority is claimed.
  • A certificate of guarantee, if the invention is subject of international exhibitions or officially known.
  • PCT applications, the international preliminary report as well as the publication sheet showing morocco among the designated states must be submitted.

Assignment:

  • Power of Attorney simply signed by the assignee.
  • Deed of assignment signed by both parties duly notarized.

License:

  • Power of Attorney simply signed by the Licensee.
  • License agreement signed by both parties duly notarized.

Merger:

  • Simply signed Power of Attorney.
  • Certified copy of the merger certificate duly notarized.

Change of Name/Address:

  • Simply Signed Power of Attorney in the new name/address.
  • Certified copy of the certificate of change of name/address duly notarized.

Protection Term:

5 years from filing date.

Examination:

As to form only.

Renewal:

For two consecutive terms of 5 years.

Applications with Multiple Figures:

Admissible up to 50 figures.

Filing Requirements:

  • Simply signed Power of Attorney.
  • Certified copy of the priority document. If priority is claimed.
  • A certificate of guarantee, if the invention is subject of international exhibitions or officially known.

Assignment:

  • Power of Attorney simply signed by the assignee.
  • Deed of assignment signed by both parties duly notarized.

License:

  • Power of Attorney simply signed by the Licensee.
  • License agreement signed by both parties duly notarized.

Merger:

  • Simply signed Power of Attorney.
  • Certified copy of the merger certificate duly notarized.

Change of Name/Address:

  • Simply Signed Power of Attorney in the new name/address.
  • Certified copy of the certificate of change of name/address duly notarized.