Preparing an application for customs action against counterfeiting

Contents of the template for the application for customs action

• A heading and the purpose of the application, initial or renewal, addressed to the Customs and Indirect Taxes Administration (ADII).
• Identification of the applicant and of the rights invoked: registration, term of protection, classes, pending proceedings.
• Description of the genuine products: tariff heading, production sites, authorised distributors, logistics channels.
• Recognition elements: distinctive features, authentication devices, differences observed on known counterfeits.
• The duration and scope of the application, then the undertakings of the applicant.
• The list of attachments and a checklist for preparing the next steps.

When to use the template

The template serves when the holder of a registered trademark, or the beneficiary of an exclusive right of use, fears the import, export or transit of counterfeits. It also serves for the renewal of an application, to be requested thirty days before expiry. Trademark holders and distributors are its users. Furthermore, one section covers the representative in Morocco of a holder established abroad.

Instructions for use

First, the applicant gathers the industrial property titles and the evidence of its rights. Next, the applicant completes the fields in square brackets and deletes the irrelevant items. The applicant then documents the genuine products and the known counterfeits with referenced photographs. Finally, the applicant transfers this information onto the form prescribed by the administration and prepares the next steps, in particular the appointment of an authorised professional.

Expected outcome

The file for the application for customs action brings together the information, undertakings and documents required by the administration’s form. Under Order No. 206-06, the administration then informs the applicant of the action taken within a maximum of thirty days.

Key facts

Limitations

The template prepares the filing on the administration’s form and does not replace it. In addition, the assessment of whether goods are counterfeit, interim measures, legal action and representation are a matter for a lawyer or an industrial property attorney. The final drafting of the application for customs action, procedural documents and adaptation to the specific case also remain outside the scope.

Further reading: Customs Compliance & Litigation; Joint Order No. 206-06 setting the conditions for applying Chapter VII of Law No. 17-97 (WIPO Lex).