trademarks

Q1 : How to make a search for prior patent registrations or applications over the internet

How to make a search for prior patent registrations or applications over the internet

• Go on the www.ompic.org.ma site
• Choose Search in our database
• Click on Marks
• Enter the name of the trademark, the filing company or individual, or another search
• criterion (date of registration, Nice class) (link to Nice Classification pdf)

Check if the trademark has been registered in Morocco by an international procedure (Madrid protocol)

• Go on the www.wipo.int/romarin site
• Enter the name of the trademark and register MA (for Morocco) in the section called Designated contracting party.

Q2 : How to register a trademark in Morocco

Make a search for prior registrations and applications to check that the trademark is not already registered.

• Lodge an application with OMPIC which contains the following documents:
• The M1 form duly completed, downloadable on the Internet (link to M1).
• 4 reproductions of the model of the trademark in black and white (format 8 X 8 cm maximum)
• Or 4 reproductions of the model of the trademark in colors
• Reproduction of the trademark on transparent film ((format 8 X 8 cm maximum)
• The agents power of attorney if the filing company or individual is a company or an individual represented by another person.
• The amount of the fees due (link to amount of fees)
• You may also register your trademark on the Internet through the DirectInfo Marques service.
  - Subscribe to the on-line service.
  - Enter the www.directinfo.ma site
  - Follow the procedure indicated.
  

Q3 : What is the priority right

When you register a trademark, or service trademark in Morocco, you have priority for 6 months to register it in the other countries which are the signatories of the Paris Convention: this is what the priority right is about.

Q4 : How to register a trademark abroad

• You must have made a filing in Morocco (basic filing)
• You lodge an international request with OMPIC, which will present it to the international office of the World Industrial Property Organization (WIPO) in Geneva - Switzerland.
• It is a single request, in only one language, with payment of one single fee, for all the countries which are parties to the Madrid System.
• The file contains the following parts:
  - Form DM3 duly completed, downloadable over the Internet (link to DM3).
  - Form MM3 of WIPO, duly completed, downloadable over the Internet (link to www.ompi.int ).
  - 4 reproductions of the trademark identical to that of the basic filing
  - A power of attorney of the agent who has an address in Morocco
  - The list of countries where you want to fie your trademark, which are members of the Madrid system (link to www.wipo.int/madrid/members )
• You make a wire transfer to WIPOs account in Geneva - Switzerland.
  - The amount of the fees is in function of the countries chosen, of the class of products and services
  - OMPIC forwards the file to WIPO only after reception of the wire transfer order.

Q5 : What is the amount of fees for a national registration of a trademark

The fees due are 1,200 Moroccan Dirhams (about US$ 142), including all fees, if your trademark concerns 3 classes of products or services. Then you pay 120 Dirhams (about 14.2 US$), including all fees, per additional class (link to amount of fees)

Q6 : is the amount of fees for an international registration of a trademark

• Procedure to be used to calculate it:
  - Go on the www.wipo.int/madrid/fr/fees site
  - Click on Fee calculator
  - Choose Morocco as country of origin, indicate the number of classes, the type of trademark
  - Tick on color if the trademark is in colors.
  - Tick the countries chosen for the extension of the trademark.
• You get the amount of the fees to be paid in Swiss Francs.

Q7 : I protected when I export my products whose trademark is protected in Morocco

No. An industrial property title is a territorial right. It gives you rights only in the country where you have registered it. If you export your products, you may find it beneficial to register your products in the export countries.

Q8 : For how long is my trademark protected after its registration

• A trademark is registered for a 10-year period.
• This period is renewable indefinitely.
• You must ask for renewal within the 6-month period preceding the expiry. However you have a 6-month grace period after expiry.

Q9 : What is the Nice Classification

The Nice Classification is an international classification of the products and services used for the registration of the trademarks. There are 34 classes of products and 11 classes of services.
To consult the list of categories: www.wipo.int/classifications/nivilo/nice

Q10: What is the relationship between corporate name and trademark

The corporate name and the trademark are two different titles. If you want to use your name as a trademark for your products or your services, it is also necessary to register the trademark, because the registration of the commercial name alone is not sufficient.

Q11 : Quels pays participent au Système de Madrid

One distinguishes:

• The Madrid Protocol
• The Madrid Arrangement

A country may be member of the Protocol, the Arrangement, or both.
To know about the list of Member States: www.wipo.int/madrid/members