Protecting Your Trademark in Morocco: Filing with OMPIC and Fighting Counterfeits

Your company name, your restaurant’s logo, the brand of your argan products or surfboards are assets that grow in value over time. Yet many entrepreneurs in Agadir discover too late that their brand is not protected, or that a competitor filed it first. In Morocco, trademark protection rests on a simple principle: filing creates the right. Here is how to protect yours effectively.

What is a trademark?

A trademark is a sign that distinguishes your goods or services from those of competitors: a word, a name, a logo, a slogan, a combination of colours, sometimes a shape. To be protected, it must be distinctive (a purely descriptive term like “argan oil” cannot be owned by a single business), available (not infringe an earlier right) and lawful.

Trade name, company name and trademark: do not confuse them

The negative certificate obtained when forming a company reserves a company name; registration in the trade register protects a trade name under certain conditions. But neither replaces a trademark filing, which protects the sign for specific goods and services. Many businesses wrongly believe they are protected because their company is registered. On company formation, see setting up an SARL in Agadir.

Step 1: the clearance search

Before filing, you need to check that no identical or similar trademark has already been filed for related goods or services. This search avoids launching a brand you will have to abandon, or being accused of infringement. It should cover Moroccan trademarks and international registrations designating Morocco.

Step 2: filing with OMPIC

Filing is done with the Moroccan Industrial and Commercial Property Office (OMPIC), including online. You must specify:

• the exact representation of the trademark (word, figurative or both);
• the classes of goods and services covered, under the international classification;
• the applicant’s identity.

Choosing classes is strategic: too narrow leaves activities unprotected; too broad increases cost and the risk of conflict.

Step 3: publication and opposition

The application is published. Within a period set by law, holders of earlier rights can file an opposition. Conversely, monitoring publications lets you oppose the filing of a mark too close to yours. Once the procedure is complete, the trademark is registered.

Duration and renewal

Registration protects the trademark for ten years from filing, renewable indefinitely. Note the expiry date: a mark that is not renewed falls into the public domain and can be taken by someone else.

International protection

Protection is territorial: a Moroccan trademark only protects in Morocco. To export, particularly to Europe, there are several routes, including the Madrid system, in which Morocco participates and which extends protection to many countries from a single application. A priority period allows, under certain conditions, filing abroad while keeping the date of the first filing.

Fighting counterfeiting

When someone uses your trademark or a similar sign without permission, several tools are available:

• a formal notice to stop using it, often enough;
• an infringement seizure ordered by a judge, to describe or seize the disputed goods and gather evidence;
• an infringement action before the commercial court, to obtain an injunction and damages;
• border measures allowing customs to detain suspect goods;
• criminal prosecution in the most serious cases.

Local products

In the region, argan-based products are especially exposed to imitations. Some products also benefit from quality labels such as geographical indications. A well-built brand strategy makes it possible to promote a local product while protecting it.

A worked example

A cooperative in the Agadir region has sold argan cosmetics for several years under a name that has become known to tourists. It discovers that a distributor has filed an almost identical name with OMPIC. With no earlier filing of its own, the situation is delicate. With its lawyer, it gathers evidence of its earlier use, files an opposition within the time limit and files its own trademark in the relevant classes. Negotiations lead to the competing filing being withdrawn. This simplified example shows that filing early would have avoided the conflict.

Key takeaways

• In Morocco, filing with OMPIC is what creates the right to a trademark.
• A registered company does not automatically have a protected trademark.
• A clearance search avoids launching a brand that is already taken.
• Protection lasts ten years and can be renewed indefinitely, so watch the expiry date.
• Against copying, formal notices, infringement seizures and court action allow you to respond.

Frequently asked questions

Can I file a trademark before forming my company?

Yes, an individual can file a trademark and later assign it to their company.

Does a trademark filing protect my website’s domain name?

No, the domain name is registered separately; it is useful to coordinate the two.

A trademark lawyer in Agadir

The office of Maître Said Laachili assists businesses, cooperatives and creators in Agadir and Inezgane: clearance searches, filing strategy, oppositions, licence agreements and infringement actions, as part of its intellectual property and business law practice. To secure your business relationships, also read the essential clauses of a commercial contract. A trademark project? Contact the office.