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Morocco
Information on the filing of Patents, Designs and trademarks
in Morocco
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PATENT
REGISTRATIONS
Morocco used
to consist of two zones for IP matters - a Tangier zone (ex international
zone) covering the northern part of Morocco including the city of Tangier
and its surrounding area, and a Casablanca zone (ex French zone) covering
the rest of Morocco (including Western Sahara) - and separate applications
had to be filed in each zone to obtain protection therein. However,
a new Industrial Property Law (effective 18 December 2004) has been
adopted in which the two zones have been unified so that it is no longer
necessary to file separate applications in each zone. Furthermore, as
of 18 December 2004, all patents filed or registered prior to 18 December
2004 in either the Tangier zone or the Casablanca zone automatically
extend to the other zone.
Morocco is a
member of the International Convention and of the PCT.
The requirements
for filing a non-PCT application in Morocco are as follows:
(a) A Power
of Attorney - no legalization or notarization necessary;
(b) An Assignment of Invention (not required if the inventor(s) and
applicant(s) are the same) - no legalization or notarization necessary;
(c) A copy of the specification (including claims, drawings, and abstract)
in French; and
(d) A certified copy of the priority application.
The specification
can be filed in English provided a French translation thereof is lodged
within 3 months of filing.
The documents
listed under (a), (b), and (d) can be lodged up to 3 months after filing.
The requirements
for filing a PCT application in Morocco are as follows:
(i) A Power
of Attorney - no legalization or notarization necessary;
(ii) An Assignment of Invention (not required if the inventor(s) and
applicant(s) are indicated on the PCT publication) - no legalization
or notarization necessary;
(iii) A copy of the specification (including claims, drawings, and abstract)
in French;
(iv) A certified copy of the priority application (unless already filed
during the International Phase of the PCT); (v) A copy of the PCT International
advertisement;
(vi) A copy of International Search Report; and
(vii) A copy of International Preliminary Examination Report.
The copy of
the PCT International advertisement is needed upon filing. Furthermore,
the documents listed under (i), (ii), (iii), (iv), (vi), and (vii) can
be lodged up to 3 months after filing.
Our cost estimate
for filing a patent application in Morocco is between about US$ 2500.00
and US$ 2700.00 excluding translation costs, if required. This
includes a publication surcharge for the first 20 pages of the specification.
Should the specification be over 20 pages, a further surcharge of about
US$ 35.00 per page will be payable. Furthermore, a cost of about
US$ 60.00 for each priority claim must also be added to the above.
The renewal
fees for the 1st to the 5th years must also be paid upon filing at a
further cost of about US$ 750.00.
Should it be
required, we can assist with the preparation of any translation from
English to French at a cost of US$ 30.00 per 100 words.
TRADEMARK
REGISTRATIONS
1. Filing
requirements
1.1 Full name,
street address and description of the applicant (including trading style,
if any, and state/country of incorporation, if incorporated).
1.2 List of goods and/or services.
1.3 A simply signed power of attorney.
1.4 4 prints of the mark.
2. Classification
2.1 The 45 classes of the International Classification are followed.
3. General
3.1 Duration
: 10 years from filing date and renewal for further periods of 10 years.
3.2 Use : Non-use during a period of 5 years may render the registration
vulnerable to a cancellation action introduced by an interested third
party
3.3 Licenses : Must be registered to be effective against third parties.
3.4 Assignments of applications are permitted.
4. Costs
4.1a Application:
1-3 classes $1795.00, additional classes filed simultaneously
$1560.00 each.
4.1b Claiming priority: $90.00
4.2 Assignment : First trade mark/class $780.00, additional trade
marks/classes filed simultaneously $425.00 each.
4.3 Preparation of documents : $130.00.
4.4 Recordal of change of name or address : First trade mark/class $515.00,
additional trade marks/classes filed simultaneously $320.00 each.
4.5 Licenses : First trade mark/class $745.00, additional trade
marks/classes filed simultaneously $355.00 each.
4.6 Renewal : 1-3 classes $680.00, additional classes renewed
simultaneously $385.00 each.
4.7 Searches : 1 mark in 1 class - From $310.00 (takes approximately
2 - 3 weeks)
* In the event
that there is no official action/prosecution required this figure represents
the expected costs through to registration
Design
Protection
Design protection
is obtainable via a national filing.
Morocco is a
member of the International Convention. The requirements for filing
an application in Morocco are as follows:
(a) Power of
Attorney - no legalisation or notarisation necessary;
(b) 3 sets of formal drawings; and
(c) Certified copy of the priority document (if priority is claimed).
Please note
that the documents listed under item (b) are required on the day of
filing. Items (a) and (c) can be lodged up to 3 months after filing.
Our cost estimate
for filing a design application in Morocco is between about US$ 1800.00
and US$ 2000.00. To this must be added the fees for claiming each priority
date at about US$ 50.00 per priority claim.