The aim of the present Circular shall be to state the legal and regulatory framework of the role
played by the Authority at borders and to outline this role. A separate note to be disseminated
shortly will provide the clarifications and details needed for the application of this measure.
Translator’s note: text appears to be missing from original
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notify the Authority of any change in the elements that have motivated the
application.
In principle, the application for suspension shall only be valid for one year. However, the
applicant may submit, 30 days before the expiry of the above‐mentioned deadline, a request
for renewal, which shall not exceed the remaining period of protection for the mark.
2‐ Processing of suspension applications:
In order to improve the handling of this new subject matter, and with a view to ensuring the
desired standardization in the processing of relevant files, it has been decided that the
processing of these files should begin within the Central Authority.
In conjunction with the Moroccan Office of Industrial and Commercial Property, the Authority
shall thus process the file and inform the applicant of the outcome of the application within a
period not exceeding 30 days.
While the file is being processed, the Authority may demand from the applicant any
supplementary information or documents considered necessary.
When the application meets the requirements, the Central Department shall inform the
interested party by post that his/her application is admissible. The file shall then be forwarded
to the customs office(s) designated by the applicant to enable the latter to suspend the release
for free circulation of suspected counterfeit merchandise.
If the application is rejected, the interested party shall be informed by post of this decision and
the reasons for refusal, within a period of 30 days from the date of filing of the application.
3‐ Realization of the suspension measure:
The suspension measure shall be implemented by the office concerned, upon customs
clearance of the suspected counterfeit merchandise, when the documents are checked or at
the time of physical inspection.