FAQ

Time frame to carry out a trademark search.

- Three working days.

Searched Data base.

- National and international designating Morocco.

Kind of search.

- Full availability searches (identical and similar) with opinion.

Validity of a trademark.

- 10 Years as from filing date.

Adopted Classification.

- 9th edition of Nice classification.

Specific goods or services allowed.

- A trademark Mark can be filed to cover heading of a class or specific goods / services or both.

Multi-class applications accepted.

- Yes.

Co-owned trademark allowed.

- A trademark can be filed in the name of more that one applicant.

Trademarks that are not accepted.

- Trademarks contrary to public order or morality.

Priority claim under Paris Convention.

- A trademark can claim priority. A Priority document will be needed.

Time frame to submit late filing documents.

- Three months as from filing date. This delay is extended with fine to a further period of 2 months except for the priority document.

Date of Renewal.

- A trademark should be renewed within the 6 months prior to its expiry date. A grace period of 6 months is allowed for late renewal.

Use required at filing an application or renewal.

- No. Use is not required at filing or renewal of a trademark.

Correction of typing errors.

- Possible within three months as from filing date.

License agreement.

- Not compulsory by ecommended in order to grant the licenses the quality to act against infringers.

Assignment, Merger and Change of name / address.

- Compulsory under risk of non enforceability towards thirds.

- Recordals are possible with respect to registrations only.

Period of oppositions.

- Two months as from publication date of the contested application.

Grounds of opposition.

- A prior trademark application or registration.

- A well known trademark

- A prior protected Geographical Indication.

Searched Data base.

- National granted patent.

Kind of search.

- Search by Patentees, subjects of the invention and number of priorities

Validity of a patent.

- 20 Years as from:
National filing date for ordinary applications.
International filing date for PCT national phase entries.
For pharmaceutical patents, the validity term can be extended for a period of 2 years and half under special conditions.

Deadline to enter a national phase application.

- 31 months as from priority date. A 2 months grace period is granted for late filing.

Novelty required.

- Absolute novelty is required.

Non-patentable inventions.

- Not novel, not susceptible of industrial applications and not implying inventive activity.

- Theories, diagnostic and surgical methods, software and plant varieties.

- Inventions contrary to morality and public order.

Pharmaceutical products patentable.

- Yes.

Non-exclusive Compulsory license.

- Possible, if the patentees have not within 3 years after grant or 4 years after filing:

- Started effective use of the invention.

- Does not commercialize the patented product in a quantity sufficient to the Moroccan market.

- Has ceased exploitation of the patented invention for more than 3 years.

Ex-officio license (on pharmaceutical patens).

- Possible, if the patented product is not commercialized in a quantity sufficient to the Moroccan market or in case the price of the product is abusively high.

Grant of the application.

- Ordinary patents are granted after 18 months as from filing date.

- National phase applications are granted approximately within 6 months as from national filing date.

Amendments to the specification / corrections.

- All kinds of amendments and corrections should be made before grant of the application.

Annuities.

- Payable under block of 5 years. A six month grace period is allowed for late payment of annuities

Assignment, Merger and Change of name / address, License

- Compulsory under risk of non enforceability towards thirds.

Recordals are not possible with respect to pending applications.

Period of oppositions.

- A certificate of addition can be filed at any date during the validity period of the patent.

- The specification and a power of attorney are needed for filing formalities.

- The certificate of addition expires with the patent.
of name certificate.

Time frame to carry out a search.

- One week time.

Searched Data base.

- National Designs / Models.

Kind of search.

- Search by Applicants, subjects of the protected Design / model.

Validity of a Design / Model.

- 5 Years as from national filing date.

Renewal.

- Renewable for two consecutive periods of 5 years each. Renewal should be made during the 6 months prior to the expiry date.

Late renewal.

- A grace period of 6 months is allowed for late renewal with fine.

Novelty required.

- Yes, but no examination is conducted by the PTO.

Designs that are not accepted

- Those that are contrary to morality and public order.

Multi Design applications.

- Possible. One application can include up to 50 design / model of the same object.

Co-owned Design / Model.

A Design / Model can be filed in the name of more that one applicant.

Priority claim under Paris Convention.

A Design / Model application can claim priority. A Priority document will be needed.

Time frame to submit late filing documents.

- Three months as from filing date. This delay is extended with fine to a further period of 2 months, except for the priority document.

Correction of typing errors.

- Possible within three months as from filing date.

Grant.

- A design / Model application in granted registration upon filing, if all required documents are submitted.

Assignment, License, Merger and Change of name / address.

- Compulsory under risk of non enforceability towards thirds.
Recordals are not possible with respect to pending applications.