Classification

The International Classification of Goods and Services (Nice Classification) is applied. A single application may cover more than one class.

Convention priority

Morocco is a member of the Paris Convention. An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Morocco application is filed within six months of such earlier filing date.

Morocco is also a member of the Madrid Agreement and Protocol, so the registration of a trade mark may be obtained by way of an international application designating Morocco.

Examination/procedure

A trade mark application must adhere to all prescribed formalities. Once formal conformity is established, the application undergoes substantive examination by the trade mark office based on absolute grounds. The examination process may last to one month depending on each case. If the mark is accepted by the trademark office, it is then published in the Official Journal of the Industrial and Commercial Property Office. If no opposition is filed within two months after publication, the mark will mature to registration and a registration certificate is issued.

Opposition

The Law makes provision for opposition within two months from publication. There is no provision for the extension of this period.

Duration and renewal

A trade mark registration is effective for an initial period of 10 years from the filing date of the application and is thereafter renewable for like periods of 10 years. Renewal should take place within the six months preceding expiry of the 10-year period, but a grace period of six months from expiry is allowed for renewal.

Patent protection

Patent protection is obtainable by way of a national application and convention priority may be claimed in appropriate circumstances, validation of EPO patent or by way of a national phase application under the PCT.

Patentable subject matter

The following are not patentable:

  • Discoveries, scientific theories and mathematical methods
  • Aesthetic creations
  • Methods of information presentation
  • Designs, principles, and methods adopted for performing mental acts, games, economic

activities, and software. However, patents may be issued for inventions that require

implementation using a computer, information network, or any other programmable device

which is available on a property or properties that is performed, in whole or in part, by one or

more computer programs.

  • Inventions that are contrary to the public order or ethics;
  • Methods for surgery or treatment examination of the human or animal body and diagnostic methods practiced on the human or animal body. This rule shall not apply to products, particularly, substances and compounds that are used in one of the methods as mentioned above.

Varieties of plants or animal breeds as well as biological methods as used mainly for the production of plants or animals to choose breeds. This rule shall not apply to microbiological methods and products obtained by these methods.

Novelty

An invention shall be considered new/inventive if it does not form part of the state of the art Any invention that is new, requires a creative activity, and susceptible of industrial application may be patented.

The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use or in any other way, before the date of filing of the patent application in Morocco or of a patent application filed abroad and for which valid priority has been claimed.

A 12 months disclosure grace period is available.

Examination/procedure

Applications for patents for invention are subject to substantive examination (novelty, inventive step and industrial applicability). There is no need or possibility to request examination, as substantive examination of patents is automatically initiated by the Office. However, a fee must be paid for obtaining the examination report along with the filing fees.

Duration and maintenance

A patent has a term of 20 years from date of filing. There is provision for extension of term for pharmaceutical products that are licensed, as medication, to be offered in the market.

An application for extension must be lodged within 3 months of the date on which the pharmaceutical product acquired the license to be offered to the market. The term of the patent may be extended for a further period of up to two and a half years, taking into account the time between the application for official marketing approval and the date when such approval is given.

Annuities are only payable after acceptance notice has issued.

Design protection

Design protection can be obtained via national filing in Morocco. Design protection can also be obtained by way of an international registration in terms of the Hague Agreement, designating Morocco.

Registrable subject matter

Any composition of lines or colors shall be deemed an industrial design according to the

significance of this law and any fine image not combined with lines or colors shall be deemed an

industrial model, provided that the composition or the said image shall give a special appearance

to one of the industrial or handicraft products and to serve as a pattern to manufacture an

industrial or handicraft product.

The protection provided by the Law shall not extend to industrial designs that are contrary to morality or public policy, or to designs that that represent logos, currencies and official imprints related to the control and security of the kingdom or other member countries of Paris Union.

Novelty

An industrial design or model shall be deemed new or special the overall impression it produces in the eyes of the expert is not as another industrial design or model which already has been made available to the public through publication or any other means prior to the date of its filing or if appropriate prior to a validly priority date.

An industrial design or model shall not be deemed made available to the public by the simple fact that, within the twelve months preceding its filing date, it has been shown for the first time in an official or officially recognized international exhibition held on the territory of one of the countries of the International Union for the Protection of Industrial Property.

Examination/procedure

Applications are examined as to form only.

The Designs Office may reject the application on the grounds that:

  • the design does not fall within the definition of a design
  • the design is contrary to morality or public policy, or that it represents logos, currencies and official imprints related to the control and security of the Kingdom or other member country to the Paris Convention, without authorization from the competent authorities
  • the documentary requirements to support the application have not been submitted within the permitted time period.

Duration and maintenance

A design is registered for a five-year term and can be renewed for four further five-year terms making the overall protection period 25 years. However, the term for designs filed under the old law (prior to 18 December 2014) is only extendible upon payment of renewal fees for two further five-year terms.

Related News
View All
news

Morocco leads the pack in African Geographical Indications

As recently reported, Morocco presently boasts the largest number of Geographical Indications (GIs) in Africa with 68 so-called ‘sui generis’ GIs recorded. This is followed distantly by South Afri...

Adams NewsMorocco
news

Morocco takes steps to protect its cultural heritage

On 23 April 2024, Morocco’s Culture Minister, Mehdi Bensaid, met in Geneva with the Director-General of WIPO, Darren Tang, with a view to discuss ways in which Morocco can protect its cultural herit...

Adams NewsMorocco
news

WIPO Director General launch a joint master’s degree program on IP and innovation in Morocco

WIPO has extended its collaboration with Morocco to include a joint master’s degree program on IP and Innovation. The agreement regarding establishment of the joint master’s program was signed dur...

Adams NewsMorocco

How can we help you?

We have offices in four major cities in South Africa: Pretoria, Johannesburg, Cape Town, and Durban. Additionally, we have 23 associate offices in the rest of Africa, the firm serves as a gateway into Africa for IP clients. Please contact your nearest office for any legal enquiry or assistance.