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OMPIC in Morocco and Commercial Property | Upsilon Consulting

Yassine Benjelloun Touimi

Yassine Benjelloun Touimi

Managing Partner

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OMPIC in Morocco and Commercial Property | Upsilon Consulting

In brief: OMPIC (Office Marocain de la Propriete Industrielle et Commerciale) is the Moroccan authority responsible for trademark registration, patent protection, negative certificates for company creation, and maintaining the Central Trade Register. It is essential at every stage of business life, from incorporation to intellectual property protection.

OMPIC, or the Moroccan Office of Industrial and Commercial Property, is an institution that the Moroccan State has tasked with overseeing the respect and protection of industrial property rights.

Throughout the life of a business, you may need OMPIC’s services in the following cases:

  • First, when creating a business, the Moroccan Office of Industrial and Commercial Property is the authority responsible for issuing negative certificates. A negative certificate is a document that attests to the uniqueness of a company’s name. It prevents duplicates;

  • Second, to protect a trade name against unfair use by competitors;

  • Third, to obtain patents to protect inventions that a business (or an individual) may create;

  • Fourth, to carry out the mission of protecting trademarks, designs, and industrial models;

  • Finally, the organization is responsible for issuing trade register extracts, financial statements, and legal documents. It is therefore possible to use OMPIC’s services to obtain legal and financial information;

    For example, articles of association, minutes of meetings, etc., of their clients or partners, which are public documents.

N.B.: In accordance with legal provisions, companies are required to publish their financial statements and minutes of meetings at least once a year. Compliance with these requirements often requires the assistance of a qualified accounting firm.

In this article, we will cover the following points:

  • What is the legal status of this organization?
  • What are OMPIC’s missions?
  • In which cases should you use the services of the Moroccan Office of Industrial and Commercial Property?
  • How can Upsilon Consulting help you in your dealings with OMPIC?

What is OMPIC?

OMPIC, or the Moroccan Office of Industrial and Commercial Property, is a public body created by Law 13-99.

In its first article, this law stipulates that this office is a public establishment endowed with:

  • legal personality
  • financial autonomy.

The roles of this institution, as set out in the said law, are as follows:

  • First, maintaining national registers of industrial property. To this end, OMPIC must record all acts affecting industrial property;
  • Second, maintaining a central trade register (as well as the so-called “alphabetical file of natural and legal persons”);
  • Third, preserving copies of documents relating to the trade register transmitted by commercial courts;
  • Finally, disseminating to the public all necessary information to protect:
    • Inventions and commercial and industrial intellectual property rights
    • The registration of traders in the trade register

From an organizational standpoint, the Office operates under the supervision of the Minister of Industry, Trade and Investment.

What services does OMPIC offer?

As discussed in the first paragraph, OMPIC has a broad mission. To fulfill its mission, OMPIC offers the following services to users:

OMPIC - Patents

Managing patents is one of OMPIC’s key missions. The Office is responsible for maintaining and protecting patents by offering services for:

  • Patent searches
  • Patent filings
  • International patent protection
  • Protection of licenses and patent-related rights in Morocco and internationally

OMPIC - Trademarks

Managing and protecting commercial trademarks is another mission of OMPIC. OMPIC thus offers services for:

  • Preliminary trademark searches. Through this service, before filing a trademark, you can check whether it has already been protected. The Office has a database that gives users access to:
    • First, trademarks that companies file nationally with OMPIC
    • Also, international registrations designating Morocco.
  • Trademark registration. If the trademark is not protected, you must submit your application to this body to have it protected;
  • Trademark renewal. The law protects a trademark for 10 years. If you wish to continue using it without risk, you must renew it at the expiration of this period.

OMPIC - Trade Register

The Central Trade Register (RCC) is a register that consolidates all information relating to traders. This register includes:

  • Commercial and legal information (date of creation, management, registered office, etc.)
  • Some commercial information, particularly regarding pledges or seizures

It is very important to check the entries in this register before establishing a relationship with a trader (natural or legal person).

OMPIC is responsible for maintaining the Central Trade Register. Extracts can be obtained upon request.

Any person may request this information from OMPIC through:

  • On one hand, copies of registrations, which are public documents about traders (creation and amendment registrations, etc.). These show changes to trade names, possible transfers of registered offices, etc.
  • On the other hand, copies of legal documents that companies are required to publish, particularly their financial statements, articles of association, and minutes of meetings.

The Office can communicate this information upon request from the interested party.

OMPIC’s Information Mission

In addition to the missions mentioned above, OMPIC is responsible for maintaining the registers essential to the protection and maintenance of industrial and commercial property. Furthermore, it has a legal mission of public dissemination of information.

The information disseminated by OMPIC can be of three types:

  • First, legal information. In this regard, it is possible to obtain from this authority trade register extracts (model 7), extracts from the industrial and commercial property register. It is also possible to obtain:
    • First, extracts from official publications,
    • Second, copies of documents such as articles of association, financial statements, and minutes of meetings
  • Second, technical information through the state of the art relating to a patent;
  • Finally, commercial and financial information about company formations in Morocco, as well as financial analyses of those companies.

Upsilon Consulting at Your Service

Upsilon Consulting can assist you with all formalities before OMPIC. Contact us to:

  • Obtain a negative certificate for the creation of your company;
  • Protect your trademark or trade name;
  • Obtain financial and/or legal information about a Moroccan company

To request our services or a quote: Contact us via our contact form

Frequently Asked Questions

What is OMPIC and what role does it play in Morocco?

OMPIC (Office Marocain de la Propriete Industrielle et Commerciale) is the Moroccan authority responsible for industrial and commercial property. It manages the registration of trademarks, patents, and industrial designs, issues negative certificates for company creation, and provides legal and commercial information about companies registered in Morocco.

How do you register a trademark with OMPIC in Morocco?

To register a trademark in Morocco, you must file an application with OMPIC that includes a description of the mark, the classes of goods or services it covers, and the required fees. The registration process includes a formal examination and a publication period for potential oppositions. A trademark registration is valid for 10 years and is renewable.

What is a negative certificate and why is it required in Morocco?

A negative certificate is an official document issued by OMPIC confirming that the proposed company name or trade name is not already registered by another entity in Morocco. It is a mandatory prerequisite for company incorporation and must be obtained before drafting the articles of association and filing with the trade register.

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