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Morocco
Information on the filing of Patents, Designs and trademarks in Morocco

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.

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