FAQ

T1: How long will it take to conduct a trademark search?
Three working days, noting that no official search is available at the local Trademark Office, but being conducted through different databases. 

T2: Does Morocco use the international classification?
Yes, 11th edition.

T3: Are there any goods or services for which the mark cannot be registered?
Yes, those against public order are non-registrable, yet it is permitted to file for goods under class 33.

T4: Do the specifications of goods in any class limit the protection to the specified goods, or do they give additional protection to all the goods in the class?
Protection is limited to the claimed list of goods, unless class heading was claimed, then the protection is extend to the other goods in the class

T5: Can a trademark be registered in the name of more than one applicant (i.e. joint application)? 
Yes. 

If so, what are the requirements of such registration?
No requirements are needed.

T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
Yes, when priority is claimed or renewal of requested. Missing documents may be filed within three months.

T7: Can one application cover more than one class of goods/services?
Yes, as multi-class application is permitted.

T8: May priority be claimed under the Paris Convention?
Yes.

T9: What is the term of protection of a trademark? From what date is it calculated?
10 years from the filing date.

T10: Is marking compulsory and, if so, how should marking be made?
Marking is optional.

T11: In case a trademark is not renewed in due time, and another company registers the same trademark, can the original owner oppose the registration?
Yes

T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
Amendments are not permitted; but if the application form and the supporting document contain correct details and the trademark register contains wrong information, correction is possible.

T13: Is use required before registration or for maintaining the registration in force?
No.

T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration? 
Yes.

T15: What are the types of use required? 
No specific types are required, but the use must be effective and sufficient.

T16: Can the assignment of an application be recorded? 
Yes.

T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
Not compulsory, but strongly recommended. Non-recordal may cause some difficulties in enforcing the parties' rights.

T18: Can recordals such as change of name, address, merger, assignment, license, etc. be made against pending applications? 
No. According to the latest edition of the law, it is possible to record such transactions against pending trademarks, but in practice it is usually permitted under registered trademarks only.

T19: Can an assignment be made with or without the goodwill?
Yes.

What monetary considerations have to be mentioned as the value of the assignment?
Not specified, as 1$ will suffice.

Is there any tax based on the value mentioned?
No.

T20: Can the trademark application be opposed and what is the opposition period?

Yes, it can be opposed before the Trademark Office. The opposition period is two months from the date of filing.

Address:

ESPACE PORTE D'ANFA, Porte C, Rue Bab Mansour 3ème étage, Appt N 11, Casablanca, 20050

P.O. Box: 20050 Casa El Hank, Kingdom of Morocco
Telephone: (00 212-5-22) 36 61 19/21/26
Fax: (00 212-5-22) 36 61 33
Email: morocco@agip.com
Contact:

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