Interesting advice on an opposition recently in
Morocco. Oppositions must be based on one mark only. While it is possible to
refer to other marks in the opposition text the actual opposition can be based
on one prior registration only. Article
148.2 of Law 17/97 sates “opposition to this application may be initiated with
the body in charge of industrial protection by the proprietor of a mark
protected or registered prior to the said application or enjoying a previous
priority date, or by the proprietor of a pre-existing well-known mark…”. The Trade Mark Office
insist on basing decisions one mark only on the
basis that article 148.2 does not state clearly that the opposition may
be based on several marks (d’une marque protégée).
While
Morocco may be a long way from the Empty Quarter, this part of it cannot help
but feel that this is a remarkably narrow view to take. Can it be right that as
a rights holder of a family of marks I am prevented from relying on more than
one of them when filling an opposition. Should the Trade Mark Office really
limit itself by considering one prior right to have, effectively, primacy over
others? This part of the Empty Quarter expects that the drafting of the Law was
not intended to be limiting in the way that the Trade Mark Office has
interpreted it to be. It would seem common sense that the Trade Mark Office
should consider whichever marks the rights holder seeks to rely on.
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