1. Introduction
In today’s competitive market, your brand is one of your most valuable assets. Trademark infringement in Morocco can seriously damage a company’s reputation, market position, and customer trust. Understanding how Moroccan law protects trademarks — and what steps to take in case of infringement — is crucial for both local and foreign businesses.
2. What Is Trademark Infringement?
Trademark infringement occurs when a third party uses a sign identical or confusingly similar to a registered trademark without authorization, for identical or related goods or services.
Under Law No. 17-97 on Industrial Property, this use is considered unlawful if it creates confusion among consumers or takes unfair advantage of the reputation of the registered mark.
Examples include:
- Using a similar logo or brand name on competing products.
- Importing or selling counterfeit goods.
- Registering a domain name incorporating a protected trademark.
3. Legal Framework in Morocco
Trademark rights in Morocco are governed by:
- Law No. 17-97 on the Protection of Industrial Property (as amended by Law No. 31-05 and Law No. 23-13).
- OMPIC (Office Marocain de la Propriété Industrielle et Commerciale) is the authority responsible for registration and enforcement.
- The Madrid Protocol, which allows international protection of trademarks, also applies in Morocco.
4. Actions Available to the Trademark Owner
If your trademark is infringed, Moroccan law provides several civil and criminal remedies:
a. Civil Actions
- Injunctions: The court can order the infringer to stop using the mark immediately.
- Damages: Compensation for financial and moral harm.
- Seizure of Counterfeit Goods: The infringing goods can be confiscated and destroyed.
b. Criminal Actions
Trademark counterfeiting is a criminal offense punishable by fines and imprisonment, especially when the infringement is intentional or involves large-scale counterfeit trade.
c. Customs Measures
Trademark owners can request customs surveillance under Law No. 17-97, allowing Moroccan Customs to detain suspected counterfeit goods at the border.
5. How to Prove Trademark Infringement
To succeed in a legal action, the trademark owner must demonstrate:
- A valid registration in Morocco.
- Unauthorized use of the same or similar sign.
- Likelihood of confusion or damage to reputation.
Evidence may include packaging samples, invoices, advertisements, or witness statements.
6. Preventive Measures
- Trademark Monitoring: Regularly monitor new filings with OMPIC to detect similar marks early.
- Registration Strategy: Protect your mark in all relevant classes and consider international protection via the Madrid Protocol.
- Cease-and-Desist Letters: Often the first step before legal action, handled by a specialized lawyer.
7. How Legal Morocco Can Help
At Legal Morocco, we assist local and international clients in:
- Conducting trademark searches and registrations.
- Monitoring for potential infringements.
- Sending cease-and-desist letters.
- Representing clients before OMPIC and Moroccan courts.
- Coordinating border enforcement with Customs.
Our team ensures swift, strategic, and cost-effective action to protect your intellectual property rights in Morocco.