What is a trademark ?

The trademark is defined by Article 711-1 of the Intellectual Property Code which states : "The trademark, trade mark or service mark is a sign capable of graphic representation used to distinguish the goods or services of a natural or legal person.

It is a sign that allows the consumer to identify the product or service that it provides. The trademark must be distinctive, lawful and available.

The trademark gives its owner the exclusive right to use it for 10 years, renewable indefinitely.

The trademark can be a name, a combination of colors, a logo, a sound, a slogan, numbers, an acronym, a pseudonym, a hologram, a sign ... anything that concerns the creation of the commercial asset of a company can be registered. Each time a logo, a signature, a packaging is changed, a new trademark registration is required.

How to protect your own brand ?

Depending on the characteristics of your business creation project, you will create your own trademark and protect it. The registration of a trademark or a logo is however governed by a strict legal procedure.

The registration of a trademark allows you to have a monopoly of exploitation to market your products and services exploited thanks to this one, on the whole Moroccan territory and during 10 years (possible renewal afterwards). You will be able to sue anyone who imitates or uses your trademark.

The trademark is a sign that distinguishes you from your competitors, so it is essential to register it to protect it.

Trademark protection in Morocco is governed by Law No. 17-97, as amended and supplemented by Laws 31-05 and 23-13.

The effects of the registration of a trademark being territorial and limited, any legal or natural person wishing to export or develop its activity in foreign countries must first protect its trademark in those countries.

Before filing the trademark :

Prior art search of the trademark

A search for anteriority can be performed in the databases.

Trademark registration procedure

At the national level or at the international level.

After filing the trademark :

Publication of the application

The trademark application is published in the Official Trademark Catalogue.

If no opposition is filed within two months of publication, the mark is registered for a period of 10 years and a certificate of registration of the mark is issued to the applicant or his représentatives.

Renewal of the mark

The trademark must be renewed 6 months before the expiration date of the registration.