Preparing and filing
- Choose a sign that is distinctive, available and lawful: not descriptive, not misleading and not contrary to public policy.
- Carry out a prior-rights search among registered trademarks and trade names.
- Identify the classes of goods and services (Nice Classification) actually used or planned.
- File online with OMPIC; registration takes effect for ten years from filing and can be renewed indefinitely.
- Extend protection internationally through the Madrid system if needed.
Defending the trademark
- Monitor OMPIC publications and file oppositions against identical or similar applications within the statutory deadline.
- Have an infringement seizure carried out to secure evidence before bringing proceedings before the Commercial Court.
- Seek an injunction backed by a daily penalty, confiscation, publication of the judgment and damages.
- Actually use the trademark: a trademark that has not been used for five years may be revoked.
The lawyer's role
The firm assesses the availability of the sign, drafts licence and assignment agreements, sends formal notices to infringers and conducts opposition and infringement proceedings. For businesses in Rabat and Casablanca, it also coordinates the protection of domain names and designs.
This guide is provided for general information by Maître Lahfaia Law Firm, Rabat. It is no substitute for advice tailored to your situation; the rules and deadlines mentioned may change.