What is Trademark Opposition in Morocco?
Trademark opposition in Morocco is a legal procedure that allows third parties to challenge the registration of a trademark published in the Moroccan Official Trademark Gazette. It serves as a preventive tool to protect earlier rights against potential conflicts with newly filed trademarks.
The opposition process is governed by Law No. 17-97 on the Protection of Industrial Property, as amended, and is supervised by OMPIC (Office Marocain de la Propriété Industrielle et Commerciale).
Why File a Trademark Opposition in Morocco?
Filing a trademark opposition in Morocco helps businesses and right holders:
- Prevent the registration of confusingly similar trademarks.
- Protect brand identity and commercial reputation.
- Avoid lengthy and costly litigation after registration.
- Assert their exclusive rights to trademarks, trade names, or geographical indications.
If no opposition is filed within the legal time limit, the trademark proceeds to registration and may gain strong protection—even if it infringes prior rights.
Grounds for Trademark Opposition
A third party may oppose a trademark application on several legal grounds, including:
- Similarity or identity with an earlier registered trademark.
- Risk of confusion or association by consumers.
- Reputation or well-known character of the earlier mark.
- Violation of public order or morality.
- Use of protected designations of origin or geographical indications.
It is crucial to provide evidence and a well-argued claim to support your opposition.
Who Can File an Opposition?
The following parties can initiate a trademark opposition in Morocco:
- Owners of earlier trademarks (national, international, or well-known).
- Licensees of registered trademarks with authorization.
- Associations or representatives defending collective or certification marks.
- Holders of prior rights such as trade names, domain names, or geographical indications.
Foreign entities can file oppositions through a licensed trademark attorney in Morocco.
Deadline and Procedure
🕒 Deadline
The opposition must be filed within two months from the date of publication of the trademark in the official bulletin (Bulletin Officiel de la Propriété Industrielle).
📝 Procedure
- Review Publication: Monitor trademark publications via OMPIC.
- Prepare Opposition File: Include opposition form, grounds, and supporting documents.
- Submit to OMPIC: The opposition must be filed electronically or in person.
- Notification to Applicant: OMPIC informs the applicant, who has 1 month to respond.
- Decision by OMPIC: A decision is usually issued within 6 to 9 months.
How Legal Morocco Can Help
At Legal Morocco, our IP attorneys are experts in trademark opposition procedures in Morocco. We offer:
- Trademark watch services to monitor conflicting filings.
- Legal assessment of opposition viability.
- Drafting and filing of opposition statements with legal arguments.
- Representation before OMPIC.
- Assistance in negotiations or settlements.
Our team ensures strategic, timely, and cost-effective protection of your brand.