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Morocco - Jurisdictions

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Morocco
Jurisdiction

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TRADEMARK
Registration
    Information:
    • MEMBERSHIP:
      WIPO, Madrid Agreement and Protocol and Paris Convention
    • CLASSIFICATION:
      10th edition — multiclass application
    • CLAIMING PRIORITY:
      Possible
    • SEARCH/TIME FRAME:
      Possible for word marks and device marks / 3 – 5 working days
    • EXAMINATION:
      On formal and absolute grounds
    • EXTENSION OF TIME:
      Not possible for filing oppositions, counter oppositions, and responding to office actions
    • VALIDITY:
      10 years as from the filing date
    • RENEWAL:
      For unlimited period of 10 years each
    • GRACE PERIOD:
      6 months from the protection’s expiry date.
    • USE:
      Vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years
    Requirements:
    1. A Power of Attorney simply signed and stamped with corporate seal, indicating the name and title of signatory;
    2. Twenty prints of the mark; and
    3. A certified copy of the basic registration, if convention priority is to be claimed.
      • A separate power is required for each application or set of applications. A general power in French may be used for subsequent filings.
      • POA could be filed belatedly at an extra cost.
      • A certified copy of the basic registration must be submitted within 3 months of filing.
    Time frame:
    1. Opposition Period: 2 months from the publication date
    2. Total estimated time frame: 9-15 months
      3. The above time frame is for a normal/smooth processing of a trademark application, in case of no objections by the trademark examiner or no oppositions from a third party.
Renewal
    Filing Requirements:
    1. Power of Attorney, simply signed, with company seal.
Change of Name or Address
    Filing Requirements:
    1. Power of Attorney, simply signed, with company sea; and
    2. Certificate of change of name with simple French translation.
      • May be recorded for applications and registrations.
      • No additional documents are required other than the POA for a change of address.
Assignment
    Filing Requirements:
    1. Power of Attorney, simply signed, with company seal; and
    2. Deed of assignment legalized by both parties.
      • Trademarks may be assigned with or without the goodwill of the business concerned.
      • May be recorded for applications and registrations.
Merger
    Filing Requirements:
    1. Power of Attorney, simply signed, with company seal; and
    2. Certificate of merger, with simple French translation.
      • May be recorded for applications and registrations.
License
    Filing Requirements:
    1. Power of Attorney, simply signed, with company seal; and
    2. License agreement with verified French translation, notarized.
      • License recordal is not compulsory but highly advisable in order to be effective against third parties.
      • May be recorded for applications and registrations.
PATENT
Information
    Information:
    • EQUIVALENT SEARCH:
      Granted patents are searchable by title, patentee name, inventors, and priority/PCT date
    • EXAMINATION:
      As to form, novelty, inventive step and industrial applicability
    • PUBLICATION:
      Applications are published upon grant
    • OPPOSITION:
      There are no provisions for opposition
    • ANNUITIES:
      Annuities are due on the anniversary of the international filing date and will become due after grant; 6 months grace period with surcharge
    • PROTECTION TERM:
      20 years from the international filing date
    Requirements:
    1. A Power of Attorney, simply signed and stamped with corporate seal, indicating the name and title of signatory;
    2. An Assignment Deed simply signed by the inventor, if the applicant is not the Inventor;
    3. Two copies of specifications, claims, abstract and drawings; and
    4. A certified copy of priority documents.
Change of Name or Address
    Filing Requirements:
    1. Power of Attorney, simply signed; and
    2. Certificate of change of name/address, notarized.
Assignment
    Filing Requirements:
    1. Power of Attorney, simply signed; and
    2. Deed of Assignment, notarized.
Merger
    Filing Requirements:
    1. Power of Attorney, simply signed (if new moral entity); and
    2. Certificate of merger, notarized.
License
    Filing Requirements:
    1. Power of Attorney, simply signed (from licensor and/or licensee); and
    2. License agreement, notarized.
DESIGN
Information
    Information:
    • PROTECTION TERM:
      5 years from filing date
    • EXAMINATION:
      As to form only
    • APPLICATION WITH MULTIPLE FIGURES:
      Admissible for up to 50 figures
    • RENEWAL:
      Allowed for two consecutive terms of 5 years each
    Requirements:
    1. 1. A Power of Attorney, simply signed and stamped with corporate seal, indicating the name and title of signatory; and
    2. 2. Three copies of formal drawings.
  • The title in French, the representations of the design and the power of attorney must be submitted at the time of filing, all remaining documents may be submitted within 3 months from filing date with payment of a surcharge.
COPYRIGHT
Information
    Information:
    • MEMBER OF BERNE CONVENTION:
      Yes
    • REGISTRATION:
      Possible for nationals and residents only
    • DURATION:
      In general, the duration is the artist’s life with the addition of 70 years following the artist’s date of passing
    • WORKS PROTECTED:
      Works expressed in writing; Computer programs; Lectures, addresses, sermons and other works consisting of words or expressed orally; Musical works, irrespective of whether they contain accompanying texts; Dramatic and dramatico-musical works; Choreographic works and dumb shows; Audiovisual works including cinematographic works and videograms; Works of fine art, including drawings, paintings, engravings, lithographs, printing on leather and all other works of fine art; Works of architecture; Photographic works; Works of applied art; Illustrations, maps, plans, sketches and three-dimensional works related to geography, topography, architecture or science; Expressions of folklore and works inspired by folklore; Drawings of garment industry designs.
    • LIMITATIONS ON PROTECTIONS:
      Official texts of a legislative, administrative or judicial nature, or their official translations; Current events; Ideas, processes, systems, operating methods, concepts, principles, discoveries or simple data, even if these are stated, described, explained, illustrated or incorporated in a work
    • PENALTIES:
      Penalties include payment of fines of up to 600,000 Moroccan Dirham (approximately 70,000 US Dollars), as well as legal prosecution resulting in a maximum of 4-year imprisonment terms
    Requirements:
    1. Power of Attorney, simply signed, with company seal; and
    2. One (1) copy of the work of art.
DOMAIN NAME
Requirements
    Requirements:
    1. A Power of Attorney, simply signed and stamped with corporate seal, indicating the name and title of signatory.
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