Introduction
In an increasingly competitive market, a trademark is one of the most valuable intangible assets that distinguishes one company from another. In Morocco, Law No. 17-97 on the protection of industrial property establishes a fundamental principle called priority in trademark registration. This rule grants the first applicant a legal advantage that protects them against later identical or similar filings.
In this article, we explain what priority means, how it works under Moroccan law, and how businesses and individuals can benefit from it to safeguard their brands.
What Does Priority in Trademark Registration Mean?
Priority means that the first person or entity to file a trademark application with OMPIC (Moroccan Office of Industrial and Commercial Property) obtains the exclusive right to that mark, even if another party uses it commercially at a later stage.
This principle is internationally known as the “First-to-File” rule, and it is strictly applied in Morocco. Protection is granted based on the filing date, not merely on commercial use.
The Legal Basis of Priority in Morocco
Law No. 17-97 on the protection of industrial property provides that:
- The right to a trademark is acquired through registration with OMPIC.
- Priority is granted to the first valid filing.
- Any subsequent filing for an identical or confusingly similar mark in the same class (Nice Classification) may be refused due to conflict.
How Long Does Priority Protection Last?
- Once a trademark application is filed, the applicant enjoys a provisional right of priority from the filing date.
- In case of dispute, the exact filing date and time determine ownership of the right.
- After successful registration, the trademark is protected for 10 years, renewable for additional 10-year periods.
International Priority Under the Paris Convention
Morocco is a member of the Paris Convention for the Protection of Industrial Property. This means that if you file a trademark in another member country, you can claim priority rights in Morocco within six (6) months from the first filing date.
Example: If you file your trademark in France in January, you may claim the same filing date in Morocco as long as you file before July.
Why Is Priority Important for Businesses?
- Prevent unfair competition: Priority helps you block later attempts to register a similar mark.
- Strengthen opposition procedures: Having a priority right gives you stronger grounds in OMPIC opposition proceedings.
- Protect your investment: A registered trademark becomes a business asset that can be licensed or sold.
- Enable international expansion: Through the Madrid System, you can extend protection abroad starting from Morocco.
Practical Steps to Secure Priority
- Conduct a prior search using OMPIC’s database to ensure availability.
- File quickly to secure your priority date.
- Monitor publication and opposition deadlines carefully.
- Renew your mark on time to keep protection in force.
How Can Legal Morocco Assist You?
At Legal Morocco, our team offers:
- Expert advice before filing.
- Trademark applications with full follow-up before OMPIC.
- Trademark watching services to monitor similar filings.
- Representation in opposition proceedings and disputes before OMPIC and Moroccan courts.
Conclusion
Priority in trademark registration in Morocco is not just a legal procedure—it is a protection strategy that ensures your company’s stability and market position. Don’t wait for a competitor to register your brand first; file promptly and secure your priority rights.
For tailored advice or to start your trademark registration process in Morocco, contact us at Legal Morocco.