- THE LAW OF TRADEMARKS Royal Decree No. M/2128 Jumada I 1423/7 August 2002
- Part One - General Provisions
- Part Two - Procedures ofRegistration and Publicizing of Trademarks
- Part Three - The Effect of Trademark Registration
- Part Four - Renewal and Cancellation of a Trademark
- Part Five - Transfer of Ownership, Pledge and Attachment of the Trademark
- Part Six - Licenses for Trademark Use
- Part Seven - Jointly-Owned Trademarks
- Part Eight - Fees
- Part Nine - Crimes and Punishments
- Part Ten - Concluding Provisions
- Untitled
THE LAW OF TRADEMARKS
Royal Decree No. M/21
28 Jumada I 1423/7 August 2002
Part One
General Provisions
Article 1:
In implementing the provisions of this Law, trademarks shall be names of distinct shapes, signatures, words, letters, numbers, drawings, symbols, stamps and protruding inscriptions or any other sign or combination thereof which can be recognized by sight and suitable to distinguish industrial, commercial, vocational or agricultural products or a project to exploit forests or natural resources or to indicate that the object upon which the trademark is put belongs to the owner of the trademark on grounds of manufacture, selection, invention thereof or trading therewith or to indicate the rendering of a certain service
Article 2:
The following signs, emblems, flags and others as listed below shall not be considered or registered as trademarks: This prohibition does not apply unless the trademark is intended to be put upon the products themselves or the services or upon similar products or services. Part Two
Procedures of
Registration and Publicizing of Trademarks
Article 3:
A register shall be set up at the competent department of the Ministry of Commerce to be called: “Trademarks Register”. In which shall be recorded all registered trademarks and notices of assignment of ownership, transfer, mortgage, attachment, or license to use them and also their renewal and cancellation and all information provided for in the Implementing Regulations.
Article 4:
The following categories shall have the right to register trademarks.
Article 5:
A registration application for every trademark meeting the conditions provided for in Article 1 of this Law may be filed by the individual concerned if he is domiciled in the Kingdom or by an official agent domiciled in it with the competent department at the Ministry of Commerce in accordance with conditions and procedures specified in the Implementing Regulations .
Article 6:
The Application for registration of a trademark may be made for one or more categories of products or services, but a separate application shall be submitted for each such class in accordance with the conditions and procedures provided for in the Implementing Regulations.
Article 7:
One application may be filed to register a group of trademarks if they are identical as to their essential elements and differ only in ways that do not affect their character such as colour or the details of the products or services related thereto provided that these products or services belong to the same class.
Article 8:
In case of two or more persons simultaneously apply to register the same trademark or similar trademarks that cause confusion for the same class of products or services and the applications are of the same date of depositing or same date of priority, the registration application shall be suspended until one of the applicants presents a written statement from the other(s) legally endorsed to the effect that they waive their application or until a final judgment is rendered by the Board of Grievances in favour of the registration of one of them.
Article 9:
If an applicant for registration of a trademark or his successor desires to enjoy the right of priority on grounds of a previous application deposited with another country which is a member of an international multi-lateral treaty to which the Kingdom is a party or another country which treats the Kingdom reciprocally, he shall enclose with his application a statement wherein he mentions the date and number of the previous application and the state wherein he deposited the application. The applicant shall also deposit a copy of the previous application duly endorsed by the competent authority in the state wherein it was filed within six months of the date on which he filed the registration application on account of which he claims the priority right; otherwise his right to the claim will be forfeited.
Article 10:
The competent department at the Ministry of Commerce shall, within a period of sixty days after submission of the application, decide on the application if it meets the conditions and procedures provided for in this Law and the Implementing Regulations.
Article 11:
If the competent department is of the opinion that the registration application is not in accordance with the provisions of this Law, it shall notify the applicant in writing to that effect, and may request the satisfaction of the conditions or incorporation of the amendments necessary for the approval of the registration application.
Article 12:
If the applicant fails to respond to the requests of the competent department to satisfy the conditions or incorporate the amendments within ninety days from the date of his notification to this effect, his application shall be considered rejected from the date of expiration of this period.
Article 13:
The party concerned may file a grievance to the Minister of Commerce against the decision rejecting his application within sixty days from the date of notification thereof, and if the grievance is rejected by a decision issued by the Minister, the party concerned shall have the right to appeal to the Board of Grievances within thirty days from the day of notification thereof.
Article 14:
If registration of the trademark is accepted, the competent department shall publicize this registration in the manner and in accordance with the procedures specified in the Implementing Regulations and the applicant shall bear the cost of publicizing .
Article 15:
Any interested party may object to the acceptance of registration of the trademark before the Board of Grievances within ninety days from the date of publicizing and a copy of the objection and evidence of submission shall be deposited with the competent department in the Ministry of Commerce.
Article 16:
The competent department shall register the trademark in the register provided for in Article three of this Law after the decision accepting registration of the trademark becomes final or when a judgment to this effect is rendered by the Board of Grievances. The registration shall be in accordance with the procedures and conditions specified in the Implementing Regulations.
Article 17:
Once the registration is completed, the owner of the trademark shall be given a certificate containing the information specified by the Implementing Regulations, and in particular: Article 18:
The owner of a registered trademark may request the competent department to introduce any additions or modifications thereon provided that they do not substantially affect the character of the trademark. Such a request shall be subject to all conditions and procedures applicable to original applications for registration.
Article 19:
Any interested party may peruse the register provided for in Article three of this Law and request information or copies of the records therein.
Part Three
The Effect of Trademark Registration
Article 20:
Registration of a trademark shall be effective from the date of filing the application of registration. This date shall be determined in accordance with the provisions of the Implementing Regulations .
Article 21:
A person who has registered a trademark shall become its exclusive owner, and the use of a registered trademark by any person is subject to the consent of its owner. The owner of a registered trademark shall have the right to file a lawsuit to prevent others from using it or from using any other sign similar to it and liable to mislead the public as to the products or services for which the trademark is registered and as to similar products or services. The rights resulting from registration of the trademark do not include the fair use of the signs, statements and descriptive drawings which do not include the special characteristic of the registered trademark.
Article 22:
The rights of a party resulting from registration of a trademark shall continue for ten years unless otherwise renewed.
Part Four
Renewal and Cancellation of a Trademark
Article 23:
An owner of a trademark may file an application for renewal of its registration during the last year of its period of protection and for a subsequent period of six months pursuant to the conditions and procedures provided for in this Law and its Implementing Regulations.
Article 24:
The trademark shall be renewed without any new examination and the renewal of registration shall be publicized in accordance with the conditions and procedures provided for in the Implementing Regulations.
Article 25:
The competent department and every interested party may request cancellation of a trademark registration in the following cases:
The Board of Grievances shall have the jurisdiction to decide on requests for cancellation of registration.
Article 26:
A trademark registration shall be cancelled by force of law in the following two cases: Article 27:
If a trademark is cancelled, it shall not be registered for the benefit of others for the same products, services, or for similar products or services except after the elapse of three years from the date of cancellation, unless the decision of cancellation specified a shorter period.