Protecting your trademark in Morocco: the complete OMPIC guide
Want to file a trademark in Morocco, protect your startup's name or secure your brand identity before launch? Here is the complete guide to understanding the steps of trademark filing with OMPIC, the documents to submit, the costs, the duration of protection, opposition risks and international protection options.
Why protect your trademark in Morocco?
Protecting your trademark in Morocco is essential, because it contributes to your startup's image, identity and value. Your trademark can be the name of your company, the name of your app, the name of your platform, your logo, your commercial signature or the sign by which your customers identify you.
Protecting your Moroccan trademark means obtaining exclusive rights to use it. As a result, you hold a property right that allows you to prevent third parties from using an identical or similar sign for products or services similar to yours.
Filing a trademark prevents third parties from using it without your startup's consent. It also allows you, when the conditions are met, to initiate an infringement action or any other useful action to defend your commercial identity.
Trademark ownership in Morocco is acquired through registration with the Moroccan Office of Industrial and Commercial Property, better known as OMPIC.
Key takeaway: in Morocco, simply using a trade name or a logo is not enough to fully secure your brand. Filing with OMPIC is the central step to obtain enforceable legal protection.
The filing grants you an exclusive right over the trademark for the designated products and services.
A registered trademark increases the value of your startup, especially when fundraising.
You can act against unauthorized uses, imitations and some competing filings.
How do you file your trademark with OMPIC? What is the cost and duration of trademark protection? How do you protect your trademark internationally? Here are the essentials you need to know before launching your filing.
What are the steps before filing a trademark?
1. Precisely identify the sign to be protected
Before filing a trademark in Morocco, you must determine what you wish to protect: a word mark, a logo, a combination of name and logo, a slogan or another distinctive sign.
For a startup, this question is strategic. You need to distinguish between:
- the legal name of the company;
- the trade name;
- the name of the app or platform;
- the logo;
- product or service names;
- the names of programs, offers or methods.
In some cases, it may make sense to file several trademarks: a word mark for the name, then a figurative or semi-figurative mark for the logo.
2. Choose the right classes under the Nice classification
Based on the Nice classification, precisely determine the classes in which you will file your products and/or services.
For example, an automotive company will file its trademark in class 12, which covers vehicles and land-based locomotion apparatus, as well as any other class relevant to its activity.
For tech startups, classes must be chosen carefully. A fintech, a marketplace, a SaaS app, an edtech, a legaltech or a payment platform will not target exactly the same classes.
| Type of project | Frequently relevant classes | Point of attention |
|---|---|---|
| Mobile app / SaaS | Software, technological services, online services | Don't limit the filing to the company name alone. |
| Fintech | Financial services, software, digital platforms | Also check financial regulatory constraints. |
| E-commerce | Online sales services, advertising, logistics, products sold | Protect the marketplace and sometimes specific product brands. |
| Edtech | Education, software, digital content | Anticipate content, courses and certificates. |
| Product brand | Classes matching the products being sold | Properly cover future extensions of the product range. |
3. Check the availability of the trademark
Before filing your trademark, check that it is available by running a trademark search in the OMPIC database.
The trademark must not reproduce a sign that already benefits from prior rights for products or services identical or similar to yours. A prior art search therefore lets you identify conflict risks before paying filing fees and investing in your communications.
Common mistake: many startups only check the availability of the domain name or the Instagram handle. That is not enough. A trademark can be legally unavailable even if the domain name is free.
How to file your trademark with OMPIC?
Where to file your trademark?
You can file your trademark with OMPIC:
- at OMPIC's head office;
- at one of its regional offices;
- at the dedicated spaces of the Casablanca Chamber of Commerce;
- at the dedicated spaces of the French Chamber of Commerce in Casablanca;
- or online via the Morocco trademark filing platform.
Online filing is often more convenient and can reduce some administrative fees compared to physical filing.
Who can carry out the formalities?
The trademark applicant can be:
- a legal entity, for example the startup or the company operating the trademark;
- an individual residing in Morocco;
- or an individual or legal entity not residing in Morocco.
It is possible to appoint a representative to handle the filing formalities on your behalf. The representative must be domiciled in Morocco. This is generally a professional, such as a lawyer, but can also be any other person holding a power of representation from the applicant.
Startup tip: when the trademark is used by the company, it is generally preferable to file the trademark in the company's name rather than in a founder's personal name. This is a point investors frequently check during due diligence.
What documents must be filed?
The filing package must include:
- the M1 filing form completed by the applicant;
- two black-and-white reproductions of the trademark;
- two color reproductions of the trademark, when the trademark is filed in color;
- payment of the applicable fees;
- the power of attorney or proxy when the filing is carried out by a representative.
Depending on the applicant's profile, it may also be necessary to provide identification or corporate documents enabling the company or person filing the trademark to be identified.
What is the trademark registration procedure in Morocco?
The trademark registration procedure in Morocco follows several steps.
1. Examination of your file
When you submit your complete file, the Moroccan Office of Industrial and Commercial Property issues you a receipt.
OMPIC then carries out a formal examination of all submitted documents. It also conducts a substantive examination to ensure that your trademark is, in particular, distinctive and compliant with public policy.
From the filing date, the applicant or their representative has 3 months to fix any issues if a correction is requested. If you do not act within that period, your application is treated as withdrawn. If you correct the file within the allowed time, your application keeps its original filing date.
2. Publication of the trademark
Your trademark is then published in the official trademark catalogue to put third parties on notice. This publication triggers the opposition period.
For 2 months from this date, a third party can file an opposition against your registration application.
For example, the holder of a prior right may oppose the registration of your trademark if they consider that it infringes their rights.
3. Registration of the trademark
In the absence of opposition, or once the opposition has been resolved, OMPIC registers your trademark and issues you a registration certificate.
Trademark protection in Morocco then becomes effective. Registration allows you to:
- hold an exclusive property right over the trademark for the designated products and/or services;
- prevent third parties from using it without your authorization;
- strengthen one of your startup's intangible assets;
- strengthen your file in case of fundraising, partnership or international expansion.
Want to protect your trademark in Morocco?
Fill out the ALF questionnaire to launch the analysis of your trademark filing, the availability check and the preparation of your OMPIC file.
What is the cost of trademark filing with OMPIC?
The cost of protecting your trademark depends in particular on the filing method, the number of classes and the rate applicable to the applicant.
OMPIC distinguishes between two tariff categories.
Tariff 1: SMEs, micro-businesses, individuals, self-employed workers, artisans, universities
| Formality | Online filing | Physical filing |
|---|---|---|
| Filing fee for one class | 1,200 dirhams | 1,800 dirhams |
| Additional class | 240 dirhams | 360 dirhams |
| Renewal fee for one class | 1,200 dirhams | 1,800 dirhams |
| Additional class at renewal | 240 dirhams | 360 dirhams |
Tariff 2: other users and clients
| Formality | Online filing | Physical filing |
|---|---|---|
| Filing fee for one class | 1,800 dirhams | 2,400 dirhams |
| Additional class | 360 dirhams | 480 dirhams |
| Renewal fee for one class | 1,800 dirhams | 2,400 dirhams |
| Additional class at renewal | 360 dirhams | 480 dirhams |
These amounts reflect the administrative fees indicated based on the OMPIC information available at the time of the article's last update. They do not include support fees, in-depth prior art searches, possible representative fees or costs related to an opposition.
What is the duration of trademark protection in Morocco?
Registration of your trademark takes effect from the filing date for a period of 10 years.
Trademark protection in Morocco is indefinitely renewable. You can therefore renew your registration every 10 years, within the 6 months preceding the expiry of its term.
The renewal runs from the end of the registration's term of validity. It can only cover the trademark as it appears in its latest state in the national trademark register.
For any change to the sign or extension of the list of designated products and services, you will need to file a new application.
Important point: if your business changes significantly after the initial filing, check that your classes still cover your new products or services. A startup that pivots can quickly find itself with a poorly protected trademark.
How to protect your trademark internationally?
In addition to protecting your trademark in Morocco, your startup can also file it in other countries.
You can in particular use the Madrid System, whose member States are gathered within the World Intellectual Property Organization. This mechanism allows you to seek protection for a trademark in several countries through a centralized international procedure.
What are the steps to follow?
- Step 1: file your trademark in Morocco with OMPIC;
- Step 2: choose the foreign States in which your startup wishes to protect its trademark;
- Step 3: check that these States can be designated under the Madrid System;
- Step 4: file the international registration application with OMPIC.
You can also file your trademark in specific regions:
- within the European Union, with the European Union Intellectual Property Office;
- in Francophone sub-Saharan Africa, with the African Intellectual Property Organization;
- in other strategic countries depending on your market, your clients and your commercial expansion.
When should you file your trademark internationally?
You can file your trademark internationally at any time. However, it is recommended to do so within 6 months of the national trademark's filing date.
This period corresponds to the priority period. If you use it correctly, the protection in the designated countries can take effect from the initial filing date.
The cost of international registration fees varies depending on the chosen countries, the number of classes and the protection strategy adopted. WIPO provides a fee simulator to estimate these costs.
What are the common mistakes made by startups in Morocco?
Trademarks are often handled too late by startups. Yet a bad filing or no filing at all can create a commercial, legal or financial blocker.
| Mistake | Consequence | Best practice |
|---|---|---|
| Filing in the founder's name | Possible conflict with the company, issues during fundraising. | File in the company's name when the trademark is operated by it. |
| Choosing too few classes | Insufficient protection if the business evolves. | Anticipate the products and services actually being sold. |
| Not running a prior art search | Risk of opposition or conflict with an earlier holder. | Check availability before filing and before public launch. |
| Confusing domain name and trademark | An available domain name doesn't guarantee the trademark is free. | Check trademarks, trade names and similar signs. |
| Waiting until the fundraise | IP issue discovered late during due diligence. | File the trademark before any major marketing spend. |
For growing startups, trademarks must be part of a broader intellectual property strategy: trademark filing, ownership of the logo, contracts with designers, assignment of rights on the website, code protection, contracts with developers and structuring of intangible assets.
To go further, also check out our resources on trademark protection with OAPI, the founders' shareholders' agreement, the term sheet and contract review.
FAQ: trademark filing in Morocco
Is it mandatory to file your trademark in Morocco?
Filing is not mandatory to start an activity, but it is strongly recommended. Without a filing, you expose yourself to the risk of appropriation by a third party, of opposition to your commercial development or of conflict during a fundraise.
How long does trademark protection last in Morocco?
The trademark is protected for 10 years from the filing date. This protection can be renewed indefinitely for successive periods of 10 years.
Can you file a Moroccan trademark online?
Yes. Trademark filing can be carried out online via OMPIC's dedicated platform. Online filing is often faster and cheaper than physical filing.
Can a foreign company file a trademark in Morocco?
Yes. A foreign legal entity or individual can file a trademark in Morocco. In practice, it can be useful to appoint a representative domiciled in Morocco to carry out the formalities.
Should you file the name or the logo?
It all depends on your strategy. Filing the name as a word mark protects the word regardless of its graphic design. Filing the logo protects the graphic representation. For a startup, it may make sense to file the name as a word mark, then the logo if its visual identity is strategic.
What happens if an opposition is filed?
If a third party files an opposition within the applicable deadline, the registration procedure may be suspended or contested. You then need to analyze the prior rights invoked, the similarity of the signs, the proximity of the products or services and the response strategy.
Does filing in Morocco automatically protect you in Africa?
No. A filing in Morocco protects the trademark in Morocco only. To protect your trademark in other African countries, you must consider national filings, an OAPI filing for the relevant member States, or an international extension via the Madrid System where possible.
When should you file your trademark?
As early as possible, ideally before public launch, commercial communications, marketing campaigns or fundraising. The longer you wait, the higher the risk that a third party files or uses a similar sign.
Need to protect your trademark in Morocco or in Africa?
ALF supports you with filing strategy, prior art searches, class selection, OMPIC filing, international extension and protection of your intangible assets.
Book a strategy call →Useful articles and resources
To go deeper on trademark protection, the legal structuring of your startup and your expansion in Africa, also see:
- File your trademark with African Legal Factory;
- Protecting your trademark with OAPI;
- The founders' shareholders' agreement;
- The term sheet in the fundraising process;
- Fundraising in Francophone Africa: understanding the typologies;
- Incorporate your company with African Legal Factory;
- Have a commercial or tech contract reviewed;
- Subscribe to the ALF newsletter.
