HAHN & HAHN INTELLECTUAL PROPERTY PRACTITIONERS

Morocco

HOW TO REGISTER A PATENT



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:

  1. A Power of Attorney - no legalization or notarization necessary;
  2. An Assignment of Invention (not required if the inventor(s) and applicant(s) are the same) - no legalization or notarization necessary;
  3. A copy of the specification (including claims, drawings, and abstract) in French; and
  4. 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:

  1. A Power of Attorney - no legalization or notarization necessary;
  2. An Assignment of Invention (not required if the inventor(s) and applicant(s) are indicated on the PCT publication) - no legalization or notarization necessary;
  3. A copy of the specification (including claims, drawings, and abstract) in French;
  4. A certified copy of the priority application (unless already filed during the International Phase of the PCT);
  5. A copy of the PCT International advertisement;
  6. A copy of International Search Report; and
  7. 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. To this must be added charges for claiming each priority date at about US$ 60.00 per priority claim, and surplus claim charges of US$ 100.00 per claim over 10.

Furthermore, Examination Fees are payable upon filing at an additional cost of about US$ 1400.00.

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.


HOW TO REGISTER A TRADE MARK



1.   Filing requirements

  1. Full name, street address and description of the applicant (including trading style, if any, and state/ country of incorporation, if incorporated).
  2. List of goods and/ or services.
  3. A simply signed power of attorney.
  4. Clear print of device mark.
  5. A certified copy of the basic registration, if convention priority is to be claimed (must be filed within 3 months - non extendable).

2.   Classification

  1. The 9th Edition of the International Classification (Nice Agreement) is followed. 
  2. Multi-class - Yes.

3.   General

  1. Duration: 10 years from filing date and renewal for further periods of 10 years (even if priority is claimed, the date is still calculated from application date).
  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. Licenses: Must be registered to be effective against third parties.
  4. Assignments of applications are permitted.
  5. Searches available within approximately 7-14 working days from instruction and are conducted in an official register.

4.   Costs USD

  1. a) Application: 1st trade mark in 1 class $1330.00; additional classes filed simultaneously $195.00 each.
    b) Additional applications filed simultaneously $1250.00 each.
    c) Claiming priority: $80.00.
  2. Assignment: First trade mark $790.00, additional marks filed simultaneously $390.00 each.
  3. Change of name or address: First trade mark $450.00, additional trade marks filed simultaneously $340.00 each.
  4. a) Renewal: 1st class $970.00, additional classes renewed simultaneously $195.00 each.
    b) Renewal: additional marks filed simultaneously $860.00 each.
    c) Late renewal fine: $170.00 per each late month (within 6 months grace period).
  5. Searches: 1 mark in 1 class - From $390.00; additional classes $160.00 each.
    Searches: Each additional mark $290.00.

     

    * Above quotations exclude courier charges.

    ** Please note that the application fee covers the filing costs, normal prosecution, advertisement and registration costs of the application only. Additional costs could well arise upon examination of the application which are difficult to estimate as it would depend on the various requirements raised by the Registrar i.e. disclaimers, admissions etc.




HOW TO OBTAIN 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:

  1. Power of Attorney - no legalisation or notarisation necessary;
  2. 3 sets of formal drawings; and
  3. 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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