A trademark is an industrial property right that is registered with a national, regional or international office. In Morocco, a trademark is filed with the OMPIC (Moroccan Office for Industrial and Commercial Property), or through WIPO (World Intellectual Property Organization) by filing an international trademark designating Morocco (Madrid System). The owner of a trademark registration may prevent others from using the same or a similar trademark in the same field of activity, or for same goods and services covered.

– Once a trademark application is filed, it will be examined as to the form and on the basis of absolute grounds (i.e. lack of distinctiveness or if a trademark is contrary to public order etc.) and then will be published in the Official Gazette for an eventual opposition by thirds, within 2 months as from the publication date. In case no opposition is lodged against it, the application will be granted registration and the relevant certificate thereof will be issued. – It takes about 3-4 months to get the registration certificate, in case of a smooth application. – The TMO proceed to an examination based on absolute grounds (i.e. lack of distinctiveness or if a trademark is contrary to public order etc.) and can reject trademark applications for these reasons. However, the TMO does not conduct any examination based on relative grounds and – The system adopted in Morocco is first-to-file. The use of a trademark does not grant any right to the client on the trademark, as the ownership of a trademark is acquired by registration and not by use.

-Since 2006, it is possible to file a request to the customs authorities to suspend entry (import) into Morocco or export of counterfeit products. – The procedure of registration with customs can be completed and the acceptance letter is received within one month as from filing the customs surveillance application. – The request for suspension is valid for one year and can be renewed each year. The request seeking suspension of counterfeit goods can be submitted at any time during the validity period of the involved trademark. – Based on the customs surveillance application filed, the customs authorities will suspend products which are suspected to be counterfeits and inform immediately the right holder or his agent who have 10 days to verify if the products are counterfeit and to justify to customs that a conservatory seizure has been ordered by the president of the tribunal or that a court action has been initiated. Customs are allowed to provide the trademark owner with available information on the importer, the origin of counterfeits, quantity etc. – Once the suspended goods are declared being counterfeit by a final court decision, they would be destroyed.