Negative certificate or trademark: what does each protect in Morocco in 2026?
The OMPIC negative certificate (certificat négatif) reserves your company name (dénomination) for 90 days and is a prerequisite for registration (immatriculation), but it creates no exclusive right over your sign for goods or services. The company's name is then protected by its entry in the Commercial Register (Registre du Commerce, RC), while only a trademark filing with OMPIC gives you an exclusive right over your sign, for 10 years, renewable. With Charikaty, the negative certificate, registration and trademark filing are done online.
The essentials
In shortThe negative certificate certifies that your name is available on the date of the application and reserves it for 90 days. Combined with registration in the Commercial Register, then a trademark registration with OMPIC (10 years, renewable, Law 17-97), it forms complete protection of your business identity. Neglecting any of these steps can prove very costly later on.
the information provided in this article is for information purposes only and does not constitute personalized legal advice. We recommend that you consult a qualified legal expert before making any decision. Charikaty provides experts to support you: contact us for free advice.
Many founders wrongly believe that the negative certificate, followed by registration in the Commercial Register, is enough: the negative certificate is only the first step of your protection strategy.
What does the negative certificate protect, and what does it not protect?
Legal basis
The negative certificate does not confer any property right, but it paves the way for the protection of your name:
- It proves that the company name was available in the central commercial register (registre central du commerce) on the date of the application
- It reserves this company name for 90 days: OMPIC does not issue an identical certificate to a third party during this period
- It is the prerequisite for registration, which definitively records the company's name
Under Article 74 of the Commercial Code (Code de commerce, Law 15-95), no company name can be entered in the Commercial Register without a negative certificate; the entry must be made while the certificate is valid, i.e. 90 days.
What is the difference between a negative certificate and trademark registration?
Negative certificate: reserving the company name
| Aspect | Negative certificate |
|---|---|
| Scope | Company name, trade name or business sign |
| Coverage | Central commercial register (Morocco) |
| Exclusivity | Temporary reservation of 90 days, then protection of the name through registration |
| Cost | 232.76 MAD online |
| Timing | Before registration |
| Procedure | Fast (generally 24 to 48 hours online) |
Trademark registration: protecting the sign for your goods and services
| Aspect | Trademark registration |
|---|---|
| Scope | Word mark, logo, slogan or combination |
| Coverage | Chosen classes of goods and services (Nice Classification), Moroccan territory |
| Exclusivity | Exclusive right for 10 years, renewable indefinitely |
| Cost | About 1,200 to 1,800 MAD excl. VAT for one class depending on the applicant, plus 240 to 360 MAD excl. VAT per additional class (OMPIC fee schedule) |
| Timing | Before or after registration, as early as possible |
| Procedure | Publication, 2-month opposition period, registration in practice around 6 months if there is no opposition |
💡 Optimal strategy: Obtain the negative certificate (immediate reservation), register the company (lasting protection of the name), then file the trademark with OMPIC (exclusive right over the sign).
What protection do you obtain at each step?
Week 1: Negative certificate
Actions:
- Choose your company name and check the OMPIC databases (company names and trademarks)
- Apply for the negative certificate online with OMPIC
- Timeframe: generally 24 to 48 hours
Protection acquired: The company name is reserved for you for 90 days.
Weeks 2 to 3: Registration in the Commercial Register
Actions:
- Draft and sign your articles of association (advanced electronic signature possible, Law 43-20)
- Put together your registration file using the list of documents required to register a company
- File the application, with the negative certificate, at the commercial court registry
Protection acquired: Your company name is entered in the Commercial Register. No other company can be registered under an identical name, and the trade name is protected against uses that create confusion (Law 17-97).
Why keep your negative certificate?
The negative certificate states, in particular, the chosen company name, exactly as it must appear in the articles of association, and its date of issue, which starts the 90-day validity period. The documents to provide, its detailed content and its issuing procedure are presented in the guide to the OMPIC negative certificate.
You must keep this certificate because:
- You will attach it to the registration file filed at the commercial court registry
- You will provide it to your bank to open the capital deposit account, where applicable
- It proves the date on which your company name was reserved
What do you risk without a negative certificate or a trademark?
Scenario 1: Registration refused
Situation: You draft your articles of association and file your application without a valid negative certificate. Consequence: The commercial court registry refuses the registration. Cost: New certificate application, articles of association to be corrected, a delay of several weeks.
Scenario 2: A third party files your trademark
Situation: You have registered your company but have not filed a trademark; a competitor files an identical sign. Consequence: The negative certificate gives you no priority over the trademark. You can file an opposition within two months of the publication of the application, or take legal action, relying on your registered trade name and the risk of confusion (Law 17-97), but the outcome is uncertain and costly. Prevention: File the trademark as soon as the company is set up.
Scenario 3: Expired certificate
Situation: You let the 90 days pass before filing your registration application. Consequence: The company name is no longer reserved; a third party can obtain a negative certificate for the same name. Cost: New application (232.76 MAD online) and, if the name has been taken, new articles of association.
Which texts govern the negative certificate and the trademark?
Regulatory framework
Article 74 of the Commercial Code (Law 15-95) requires the negative certificate for entering any company name in the Commercial Register. OMPIC, created by Law 13-99, keeps the central commercial register and issues this certificate. Law 5-96 (SARL), Law 17-95 amended by Law 19-20 (SA) and Law 5-96 as amended and supplemented by Law 19-20 (SAS) set the rules on company names. Trademarks fall under Law 17-97, amended by Laws 31-05 and 23-13.
Criteria applied by OMPIC
OMPIC refuses a negative certificate in the event of identity or similarity with a company name already entered in the central commercial register, prohibited terms (references to public institutions, terms reserved for regulated activities, terms contrary to public order) or potential confusion about the nature of the activity. These grounds for refusal and how to check a name's availability are detailed in our guide on reserving the name.
In what order should you protect your name and your trademark?
Phase 1: Immediate (before registration)
1. Brainstorming the company name
↓
2. Free preliminary search (OMPIC databases: company names and trademarks)
↓
3. Online negative certificate application (232.76 MAD, 24 to 48 hours)
↓
4. Receipt of the certificate, valid for 90 days ✅
Phase 2: Short term (at registration)
5. Drafting and signing of the articles of association
↓
6. Registration file + negative certificate
↓
7. Registration in the Commercial Register by the registry (a few working days after filing a complete file)
↓
8. Company name definitively recorded ✅
Phase 3: Medium term (full trademark)
9. Creation of the logo and visual identity
↓
10. Trademark filing with OMPIC (Nice classes)
↓
11. Publication, 2-month opposition period, registration (about 6 months)
↓
12. Trademark protected for 10 years, renewable ✅
How does Charikaty protect your name and your trademark?
To protect your name and then your trademark, here is what you need: a negative certificate, registration of the company in the Commercial Register and a trademark filing with OMPIC; with Charikaty, you do it all online. As permitted by Law No. 88-17, we obtain your negative certificate in about 24 hours, have your articles of association signed electronically, file your registration application at the commercial court registry (3 to 5 working days) and file your trademark with OMPIC (indicative timeframes, depending on the administrations).
Discover our trademark filing service to protect your sign from the moment the company is set up. More than 250 companies have already been set up with Charikaty.
FAQ: Frequently Asked Questions
Does the negative certificate automatically give me trademark rights?
No. The negative certificate only confirms the availability of your company name and reserves it for 90 days. The name is protected by registration in the Commercial Register; the exclusive right over the sign arises from registering the trademark with OMPIC.
Can I use the negative certificate for other lines of business?
The negative certificate covers the company name, whatever the activity. For specific protection by goods or services, trademark registration, by class, is the appropriate tool.
What should I do if someone files my trademark while I am processing my registration?
The negative certificate does not give you priority over the trademark. You can challenge the filing (opposition within two months of publication or legal action) if you can show prior rights, for example a registered trade name creating a risk of confusion. The safest route remains to file your trademark without waiting.
Does the negative certificate allow me to use similar names?
No, the negative certificate only covers the exact company name chosen. Any variant requires a new certificate and, for a commercial sign, a trademark filing.
Can a negative certificate be challenged after it has been obtained?
Rarely. A negative certificate is only called into question if it turns out to be inaccurate. An aggrieved third party can refer the matter to OMPIC or, after registration, take legal action on the basis of its prior rights.
Is the negative certificate recognized internationally?
No, the negative certificate is a national document. For international protection, register your trademark in the target countries, through national filings or through the Madrid Protocol administered by WIPO, to which Morocco is a party.
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