Morocco

 

Lysaght offers a complete IP service in this country, assisting clients in the filing, registration, recordal and renewal of their IP rights. For further information and our prices, please e-mail us with your specific enquiry.

 

TRADE MARK INFORMATION  
Classification International, Nice 10th Edition
Multi-class
Goods and services can be registered
Specification must be filed in French
Priority Convention priority can be claimed
Renewal

10 years from the filing date and every 10 years thereafter.  

A 6 month grace period is available.

Use provisions Non-use of a trade mark for a period of 5 years from registration renders it vulnerable to an action for cancellation by third parties
PATENT INFORMATION  
Types of Patent

Substantive with or without priority claim
PCT national phase
Patent of Addition

​Validation of granted European patents

Priority Convention priority can be claimed
Duration 20 years from the effective filing date
Under the new Moroccan Patents Act, it is possible to request an extension of a pharmaceutical patent when the product when the product must be the subject of an application for marketing authorisation
Annuities Since October 2012, annuities have been payable annually, on each anniversary of the effective filing date of a patent application.  However, a new industrial property law (No. 23-13) entered into force in Morocco on 15 January 2015 which amends the previous law, and inter alia, this law stipulates that annuities are only payable after the grant of a patent.  Nevertheless, an additional change introduced by the amended law is that Letters Patents will not automatically be issued by the Patent Office upon the grant of a patent, and instead the applicant must file a special request and pay a fee for the issuance of this document.  Since it appears that grant will occur relatively quickly after the filing of a patent application, but we will not necessarily receive prompt notification of this from the Patent Office, we consider that the most prudent course of action is to continue to instruct annuity payments on each anniversary of the effective filing date once an application has been filed in Morocco, and at the time of receiving any such annuity payment instruction, our local associate will then check the official database to ascertain whether a patent has yet been granted for that case and so, whether annuities are yet payable.
A 6 month grace period is available
DESIGN INFORMATION  
Priority Convention priority can be claimed
Duration 5 years, extensible by two further periods of 5 years each
Renewal Renewal fees are payable on the 5th and 10th anniversaries of the filing date.  There is a 6 month grace period available