Friday, 19 April 2013

Oppositions in Morocco based on one mark only


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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