Preface:

The trademark opposition system in Morocco is based on the core legal framework of the Industrial Property Law (Law No. 23-13 of 2014) and is implemented by the Moroccan Industrial and Commercial Property Office (OMPIC). This system aims to protect the legitimate rights and interests of trademark owners, prevent market confusion and malicious registration.

1、 Trademark opposition acceptance agency

The Moroccan Office of Industrial and Commercial Property (OMPIC) is the statutory authority responsible for trademark opposition, with main functions including:

1. Trademark Examination and Announcement

Conduct formal examination (document compliance) and substantive examination (distinctiveness and prior rights conflict) on trademark applications.

The trademark that has passed the examination is published in the Bulletin Officiel de la Propri é t é Industrielle of Morocco, and the opposition period starts from the date of publication.

2. Jurisdiction over Objection Cases

Receive objection applications, review legal basis, organize evidence exchange, and make administrative rulings.

3. Proxy requirements

Foreign objectors must entrust a locally registered trademark agent in Morocco to submit the application (in accordance with Article 152 of the Industrial Property Law).

Local enterprises can submit on their own, but it is recommended to entrust professional agents to improve the success rate.

Practical tips:

The documents must be in French or Arabic, and non official language materials must be translated and certified by a Moroccan notary public.

OMPIC supports an electronic submission system and can submit objection materials online through its official website.

2、 Timing of Trademark Objection

The exercise of objection rights is subject to strict time limits:

1. Announcement period

After the trademark announcement, the objector must submit an opposition application within 60 days (calculated from the day after the announcement), which cannot be extended.

2. Consequences of overdue payment

Trademarks that are not objected to in a timely manner will be allowed to be registered, and the objector can only protect their rights through the invalidation procedure (applying to OMPIC) or litigation in the commercial court, which significantly increases the cost.

Monitoring suggestion:

Subscribe to the official OMPIC website for updates on the bulletin, or use the WIPO Madrid System monitoring service to cover Moroccan trademark announcements.

3、 Basis for Trademark Objection Application

Objections must be based on the statutory reasons stipulated in Articles 133-139 of the Industrial Property Law, with core grounds including:

Key points of evidence:

Moroccan trademark registration certificate, sales contract, advertising materials, consumer survey report, etc. need to be submitted to prove the possibility of confusion or malicious intent.

4、 Trademark opposition process

The objection procedure is divided into four stages and is subject to OMPIC administrative review:

1. Submit objection application (within 1 month)

Submit an objection application, reasons and evidence, and pay official fees (approximately 2000 Moroccan dirhams).

2. OMPIC form review (1 month)

The integrity of the audit documents shall be reviewed, and the deadline for correction shall be 30 days. Failure to do so shall be deemed as withdrawal.

3. Respondent's defense (3 months)

The objector must submit a defense and counter evidence within 90 days, and may apply for an extension once (30 days).

4. Written review and ruling (6-12 months)

OMPIC makes a ruling based on written materials and may convene a hearing if necessary (both parties need to apply and pay the fees). The ruling results include:

Objection established: The trademark application is rejected, and the objector may appeal to the commercial court.

Objection not established: Upon approval of registration, the objector may file a lawsuit with the commercial court.

Relief mechanism:

The losing party needs to file a lawsuit with the commercial court within 30 days after the ruling, and the litigation process takes an average of 2-3 years.

5、 Trademark opposition period

The standard period for objection procedures is 10-18 months, with key variables including:

1. Standard process:

Announcement period (60 days) → Defense period (90 days) → OMPIC ruling (6-12 months)

2. Extension factors:

Overseas evidence requires Hague authentication or authentication by Moroccan embassies and consulates abroad (an additional 2-3 months);

Hearing procedures (extended by 1-2 months);

OMPIC case backlog (average processing delay rate of objection cases in 2023 is about 20%).

3. Judicial stage:

If entering the commercial court for litigation, an additional 1-3 years will be added.

Institutional challenges:

1. Traditional knowledge identification is complex: tribal or community authorization documents certified by the Ministry of Culture (such as Berber traditional symbols) need to be provided.

2. Language barrier: Non French/Arabic evidence requires official translation, which increases time and cost.

Practical suggestions for enterprises

1. Registration Strategy

Designate Morocco through the Madrid System or submit domestic registration directly to OMPIC, prioritizing coverage of core categories.

2. Evidence preparation

Keep local sales records (such as tax certified sales receipts) and advertising placement certificates (such as advertising contracts from mainstream Moroccan media Le Matin).

3. Regional collaboration

Monitor the trademark announcements of the African Intellectual Property Organization (OAPI) (Morocco is not a member state, but it should be noted that it is independent of the OAPI system).

4. Policy Trends:

Morocco is promoting coordination within the framework of the African Continental Free Trade Area Agreement (AfCFTA) and may simplify cross-border trademark protection procedures in the future. It is recommended to pay attention to updates in OMPIC policies.