Morocco Addresses Trademarks in Comparative Publication

RABAT – Abu-Ghazaleh Intellectual Property (AGIP) would like to notify its clients that Morocco has adopted a Law for the Protection of Consumers which entered into force as of its publication on April 7, 2011. The said law included a specific clause related to trademark when using them in a comparative publication.

Article 22 of the Law stipulates that:

“Any publication comparing characteristics, prices or identification of goods, products or services whether by reference to or representation of a third party’s manufacturing mark, trademark or service mark, or by reference to or representation of a third party’s trade address, company’s name, trade name or logo, shall be deemed a comparative publication.

Such publication shall not be licensed unless it is decent and true and may not cause public confusion.

The comparative publication for characteristics shall be concerned with essential, significant and useful characteristics of goods and services of the same nature available in market, which can be verified.

Any comparative publication for prices or identifications shall be related to similar goods, products or services sold under the same terms and shall refer to the duration through which prices or identifications determined by the publisher are kept by the same being associated therewith.”

These new provisions confirm and complement those existing in law 77.03 on audiovisual communication.