Requirements

Libya Trademarks Process

Trademark Registration: 

  • The registration process takes 18-24 months to be completed.
  • A separate application should be filed for each class.
  • The application will be examined by the TMO within a period of 4-6 months. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled to publish the mark in the official gazette. 
    • Conditionally accept the application, you may appeal the decision within a period of 30 days from the official notification date or comply with the said conditions within 6 months from the official notification date, otherwise the application would be considered withdrawn.
    • Reject the application, you may appeal the decision within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
  • It is worth mentioning that the TMO has not issued any official gazette since the year 2015, thus the publication for all accepted marks then are still pending.
  • Any interested third party can oppose the publication of the trademark application within 90 days from the date of publication in the official gazette. The applicant has 90 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • It is worth mentioning that the TMO is not issuing any registration certificate at the time being.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • A separate application should be filed for each class.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 3 months grace period after the expiry of the valid protection period is granted for filing late renewal, however it is subject to late penalty fees.
  • It is worth mentioning that if the filed mark (not registered yet) was due for renewal prior to issuance of the registration certificate, the TMO is requesting that the applicant settles the registration and renewal fees at time of filing of the renewal application, and will issue a renewal certificate directly without issuing a registration certificate.
  • There is no publication for renewals.
  • The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • A single application can be filed for several marks owned by the same applicant, however fees differ according to number of marks.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • There is no publication for change of name and/or address.
  • There is no official decision/certificate issued for confirmation of recordal of change of name and/or address at the time being.

Trademark Assignment: 

  • A single application can be filed for several marks owned by the same applicant, however fees differ according to number of marks and when the assignment deed was signed.
  • A change of agent should be filed in order to ensure formality requirements are met. 
  • There is no publication for assignments.
  • There is no official decision/certificate issued for confirmation of recordal of assignment at the time being.

Libya Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) - translated to Arabic.
  • Power of Attorney (POA): Original should be notarized and legalized at the Libyan embassy and submitted at filing. (Late submission fees apply)
  • A certified copy of the priority document in case claimed should be provided within 3 months of filing date.
  • A copy of the commercial certificate translated to Arabic legalized at the Libyan embassy and submitted at filing. 

Trademark Renewal:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Power of Attorney (POA): Original should be notarized and legalized at the Libyan embassy and submitted at filing. 
  • A copy of the commercial certificate translated to Arabic legalized at the Libyan embassy and submitted at filing.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications. 
  • A document proving the change of name and/or address translated to Arabic and legalized at the Libyan embassy and submitted at filing
  • Power of Attorney (POA): Original should be notarized and legalized at the Libyan embassy and submitted at filing. 
  • A copy of the commercial certificate translated to Arabic legalized at the Libyan embassy and submitted at filing.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications. 
  • An assignment document translated to Arabic and legalized at the Libyan embassy stating the details of the assigned marks or that the assignee is assigning all owned marks. 
  • Power of Attorney (POA): Original should be notarized and legalized at the Libyan embassy and submitted at filing. 
  • A copy of the commercial certificate translated to Arabic legalized at the Libyan embassy and submitted at filing.

Morocco Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic or French
For how long is an Industrial Design protected?   15 years
Are there any annuity fees to pay?   Yes every 5 years

Morocco Design Process

One application can cover up to 50 designs.
The process from filing to issuance of certificate is for a period of 1 to 2 years. 
No annuities 
The design registration is valid for 5 years. 
Renewal is allowed twice for 5 years.

Morocco Design Requirements

Summarized description of the design.
Applicant info (name and address).
Power of attorney (POA): Original should be stamped and simply signed.
Deed of assignment if the applicant is not the designer.
A certified copy of the priority document in case claimed.
Copy of the commercial certificate document is required.

Morocco Patents FAQ

Q: Which law does the country implement relating to patents?

A: law 17-1999 which is related to the previous law 31-2005

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is the country a member of the GCC Patent Cooperation Treaty? 

A: No

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable;
  • Do not violate the public order, ethics, or national security.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Scientific theories, mathematical methods, computer programs, exercise of pure intellectual activities, or practice of a specific game;
  • Plants and animals researches and essentially biological processes for the production of plants or animals other than microbiological processes and its productions.
  • Diagnostic, therapeutic and surgical methods for the treatment of humans or animals and its productions.

Q: if a worker invented a patent, can he register the patent in his name?

A: In principle, the right to patent an invention corresponds to its inventor, since this invention meets the requirements of patentability.

It may be different, if the invention was developed by an employee within an enterprise. In fact, the law provides a specific provision for employee’s inventions (Art.18 of Law 17/97); according to the conditions in which they were designed, the rights to the invention, and thus the choice whether or not to file a patent, return to the employee or the employer. In the latter case, the employee will be entitled to financial compensation.

That is why; the employee has an obligation to report any invention that he achieves to inform and allow his employer determining the rights he estimates to possess on the invention.

The purpose of the declaration is to define, eventually, who of the employee or the employer may file a patent.

Q: Can the applicant amend an application under process?

A: Yes as long as the applicant provides the supporting required documents.

Q: Can the applicant withdraw the application at any time?

A: Yes, The applicant may withdraw his/her application at any time before the issuance of the final decision. However, application withdrawal shall not entail the withdrawal of documents or the refunding of any fees or costs.

Q: Can a patent search be conducted?

A: yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Morocco within three years from the date of grant; otherwise the patent will be subject to compulsory licensing.

Morocco Patents Process

Patent Registration: 

  • The patent registration process takes 2-3 years.
  • After filing the application, the application is put on hold for 2 months until all required documents and information are fulfilled.
  • After 18 month from the filing the application will be subject for substantive examination, the examination fees can be paid at the time of filing or at any time within the 18 months form the filing.
  • Once the application is technically and legally examined, the Examiner will issue his decision to either:
    • Complete or amend the application: the applicant has 90 days from the official notification date to reply to proceed with the examination of application.
    • Reject the application: if the requirements were not met or the patent is non-registrable. The applicant has 15 days from the official notification date to appeal the decision before the Appeal Committee.
    • Accept the application: the applicant has to settle the publication fees to publish the application in the official gazette. The patent office will notify the applicant when the said application will be published.
  • Any interested third party can oppose the said application within 60 days from the date of publication. The Patent Office will study the opposition and issue its decision within 30 days from filing date of opposition; otherwise the opposition will be considered rejected implicitly.
  • Once the application passes the publication period successfully, the registration fees should be settled to issue the related certificate of registration.
  • The protection period of a patent is 20 years, from the filing date of the PCT application, or the national patent application based on Paris Convention.

 

Patent Annuities: 

  • A patent is protected for 20 years from the filing date.
  • Annuities should be settled prior to the anniversary of the filing date of a national application or a PCT international application until the termination of the patent protection duration. For example: if the patent was filed on 30 January, then the annuity should be settled every year prior to 30 January.
  • The applicant should settle the annuity starting from the second year of filing the national application according to Paris Convention.
  • The applicant should settle all due annuities starting from the second year of filing the PCT application until the date of filing the application in the national phase in Morocco upon filing the application.  
  • 6 Month grace period is provided for with the payment of penalty fees.

 

European Patent's Validation:

  • The system for validating European patents in Morocco introduced under the validation agreement between the European Patent Organization and the government of the Kingdom of Morocco came into force on 1 March 2015.
  • The validation system provides European patent applicants with a simple and cost-effective way of obtaining patent protection in Morocco.
  • Upon the applicant's request, and on payment of the prescribed fee, European applications and patents can be validated in Morocco, where they will have the same effects as national applications and patents.
  •  The validation procedure is not based on direct application of the EPC, but is governed solely by national law.
  • Validation is at the applicant's request. A request is deemed to be made for any European patent application filed on or after 1 March 2015. thus, Validation is not available for applications filed prior to that date, or for any European patents resulting from such applications.
  • The Validation request must be applied within 3 months from the date of publication of the grant in the European Patent Bulletin.
  • An extension of time for 2 months can be filed to extend the validation deadline, however is subject to additional fees.
  • The European Patent Application can be filed electronically or in hardcopy form before the PTO, and in turn the PTO issues an official filing receipt for the validation application and assigns the application with a national filing number.
  • A title of Patent will be issued after a few months.
  • Annuities should be settled after the grant of patent.

Morocco Patents Requirements

Patent Registration:

  • Applicant name and address.
  • Inventor(s) name and address.
  • Patent Abstract in English and French or Arabic  language should be submitted upon filing,
  • Patent Specifications in English and French or Arabic should be submitted upon filing.
  • Patent Specifications in English and French or Arabic should be submitted within 6 months from filing date.
  • Certified copy of the priority document should be submitted within 3 month from filing date.
  • Certified copy of the international publication report upon filing.
  • Power of Attorney (POA): simply signed the original can be submitted within 2 month from filing date.
  • Deed of Assignment (DOA): signed by the inventor(s), notarized can be submitted within 2 months from filing date.

European Patent's Validation:

  • Power of Attorney (POA): simply signed by the applicant
  • Copy of the European Patent Grant decision
  • Claims translated to French should be submitted upon filing.

Morocco Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Law No. 17-97 on the Protection of Industrial Property (as amended by Laws No. 31-05 and No. 23-13)

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: Yes

Q: Is the country part of the Madrid Agreement?   

A: Yes

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: Yes, however not required as the country accepts simply signed documents on applicant letter head

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Electronic

Q: If we register in one GCC country does it mean we are protected in the country?   

A: Not applicable - Morocco is not part of the GCC countries. It is a North African country that is not party to OAPI or ARIPO.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 5 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of three years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?

A: No

Q: Are there any specific custom procedures in the country?   

A: Yes

Morocco Trademarks Process

Trademark Registration: 

  • The registration process takes 3-4 months to be completed.
  • A single application could be filed for multiple classes.
  • The application will be examined by the TMO within a period of 1 to 3 months. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled and the mark will be issued in the official gazette.
    • Conditionally accept the application, the TMO gives the applicant 60 days from the official notification date to comply or amend the application as requested, otherwise the application will be rejected.
  • Any interested third party can oppose the publication of the trademark application within 60 days from the date of publication in the official gazette. The applicant has 60 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued within 1 month from the date of settlement of registration fees.
  • The TMO publishes the trademark certificate in the official gazette for informative purposes only; No one can oppose the said publication.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes up to 6 months to be completed.
  • A single application could be filed for multiple classes.
  • The renewal application should be filed within the last 6 months of the valid protection period.
  • A 6 months grace period after the expiry of the valid protection period is granted for filing late renewal.
  • The application will undergo formality examination by the TMO which will issue a decision to either:
    • Accept the application, the publication fees should be settled and the mark will be published in the official gazette.
    • Conditionally accept the application, the TMO gives the applicant 60 days from the official notification date to amend the application as requested, otherwise the application will be rejected.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The renewal certificate will be issued within 1-2 months from the date of publication.
  • The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes up to 6 months to be completed.
  • A separate application should be filed for each trademark.
  • A change of agent should be filed and published in the official gazette in order to ensure formality requirements are met.
  • The application will undergo formality examination by the TMO which will issue a decision to either:
    • Accept the application, the publication fees should be settled and the mark will be published in the official gazette.
    • Conditionally accept the application, the TMO gives the applicant 60 days from the official notification date to amend the application as requested, otherwise the application will be rejected.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The change certificate will be issued within 1-2 months from the date of publication.

Trademark Assignment: 

  • The recordal of the assignment takes up to 6 months to be completed.
  • A separate application should be filed for each trademark. 
  • A change of agent should be filed and published in the official gazette in order to ensure formality requirements are met. 
  • The application will undergo formality examination by the TMO which will issue a decision to either:
    • Accept the application, the publication fees should be settled and the mark will be published in the official gazette.
    • Conditionally accept the application, the TMO gives the applicant 60 days from the official notification date to amend the application as requested, otherwise the application will be rejected.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The assignment certificate will be issued within 1-2 months from the date of publication.

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