What is a trade name in Morocco and how do you protect it in 2026?

For a company, the trade name is in practice the company name under which it operates and enters into contracts; the shop sign, which identifies an establishment, may differ from it. The trademark (marque), for its part, follows a different logic: it distinguishes products or services.

A company may therefore operate under a shop sign or a trade name different from its company name, entered in the Commercial Register after a negative certificate. To secure this sign against competitors, it is advisable to also file it as a trademark: the procedure, the classes and the cost are presented in our guide to filing a trademark in Morocco.

Under the Commercial Code (Code de commerce, Law 15-95), the name must be:

• Unique: No other company may be registered under an identical name
• Compliant: Respect legal restrictions and public order
• Entered: Appear in the Commercial Register
• Published: Announced in a legal announcements newspaper and in the Official Bulletin

Article 74 of the Commercial Code requires that no company name, trade name or shop sign be entered in the Commercial Register without an OMPIC negative certificate. In practice, your name must be:

1. Checked by an OMPIC negative certificate, valid for 90 days
2. Reproduced identically in the articles of association at the time of incorporation
3. Registered in the Commercial Register by the commercial court registry of the registered office (siège social)
4. Published in a legal announcements newspaper and in the Official Bulletin (Law 5-96, Art. 96; Law 17-95, Art. 30 et seq.)
5. Kept up to date: any change to the name is entered in the Commercial Register

Once entered, the trade name is protected by Law 17-97 against any use that creates confusion. This protection does not amount to an exclusive right to the sign for products or services: exactly what the negative certificate covers, and what it does not cover, is explained in negative certificate or trademark: what does each protect?.

Consult OMPIC's free databases at www.ompic.ma to check that there are no identical or similar company names and no registered trademarks creating confusion, then select 2 to 3 candidate names in order of preference. The name must be clearly distinguishable from existing company names, contain no prohibited terms or terms reserved for regulated activities and mention the legal form (SARL, SARL AU, SAS, SA); avoid at all costs references to public authorities or institutions and terms contrary to public order or morality. The search method is detailed in checking the availability of a company name and the rules for choosing a name in choosing the name of your company in Morocco.

Estimated duration: 1 day

The application can propose up to three company names in order of preference, for a single certificate issued; the negative certificate costs 232.76 MAD online, is obtained in about 24 hours with Charikaty (which files the application for you) and itself constitutes the provisional reservation of the name: for 90 days, OMPIC does not issue a certificate for the same company name. The documents, the procedure and what happens on expiry are detailed in our guide to the negative certificate in Morocco.

Estimated duration: about 24 hours

Actions:

1. Have your articles of association drafted (with Charikaty, they are drafted directly, as soon as the negative certificate is received), including:

• Company name (exactly as on the certificate)
• Legal form (SARL, SARL AU, SAS, SA)
• Corporate purpose (activities carried out)
• Registered office (full address)
• Share capital (capital social) and distribution of shares
• Governance and management rules (manager [gérant], president, board)

2. Put together the complete file: negative certificate, articles of association signed by all the partners (associés) (advanced electronic signature [signature électronique avancée] possible, Law 43-20), identity documents, proof of registered office (business domiciliation contract [contrat de domiciliation], Law 89-17, or lease, Law 49-16) and bank certificate of deposit of the capital where required (see the checklist below)

3. Register the articles of association with the DGI within 30 days of their signature (CGI, Art. 128). With Charikaty, the registration of the deeds is obtained in about 24 hours.

💡 Tip: Poorly drafted articles of association delay registration. With Charikaty, they are drafted by our teams and checked before signature.

Estimated duration: immediate drafting and registration in about 24 hours with Charikaty

It is registration that durably enters the name and is the basis of its protection: no other company can then be registered under an identical name. How the register works, the RC number and the extract are presented in our guide to the Commercial Register in Morocco.

Actions:

1. File the application with the competent commercial court registry (the one with jurisdiction over your registered office)
2. Pay the filing and registration fees (about 1,200 MAD, plus the extracts)
3. Review by the registry clerk (greffier), who checks the presence and validity of the negative certificate, the compliance of the articles of association and the completeness of the file
4. Issuance of the registration: RC number and extract from the Commercial Register; the company then obtains its tax identification number (identifiant fiscal, IF), its ICE and its business tax (taxe professionnelle) identifier from the DGI, then its CNSS affiliation

Filing methods:

The legal deadline for entry in the Commercial Register is 3 months from incorporation (Commercial Code, Art. 75), but registration must take place within the 90-day validity period of the negative certificate: after this period, the name is no longer reserved, a third party may have obtained it in the meantime and a new certificate is required.

Estimated duration: 3 to 5 working days with Charikaty, depending on the registry

Publication makes the incorporation enforceable against third parties; how it works and what it costs are detailed in legal publication in the JAL and the Official Bulletin.

Actions:

1. Have the notice of incorporation published in a legal announcements newspaper (JAL) and in the Official Bulletin; with Charikaty, publication is done in about 24 hours after registration
2. Keep the proofs of publication in your records

Publication media:

⚠️ Important: Publication is mandatory (Law 5-96, Art. 96; Law 17-95, Art. 30 et seq.) and makes the incorporation enforceable against third parties, including in the case of electronic formation.

Estimated duration: about 24 hours with Charikaty

The negative certificate is applied for with a copy of the applicant's identity document (CIN, passport or residence permit [carte de séjour]) and the OMPIC application form (proposed company names, legal form, activity, city of the registered office), against payment of 232.76 MAD online.

The full list of documents, by company form and by partner profile (resident, foreign national, legal entity), is set out in the documents required to register a company in Morocco. The essentials:

□ Valid negative certificate □ Articles of association signed by all the partners □ CIN or passport of all the partners and officers □ Proof of registered office (business domiciliation contract or lease) □ Certificate of deposit of the capital (SA, or SARL with capital above 100,000 MAD) □ Report of the contributions auditor (commissaire aux apports) in the case of a contribution in kind (always for an SA) □ Representative's power of attorney (if needed)

□ Advanced electronic signature (Law 43-20), issued by a trust service provider (prestataire de services de confiance) approved by the DGSSI □ Secure e-mail address for official correspondence □ Digital copies of all the documents

With Charikaty, you send these documents online and we take care of the rest.

If you need to change the name after formation:

1. New application for a negative certificate with the new name
2. Amendment of the articles of association by decision of the partners (in an SARL, partners representing at least three quarters of the shares, Law 5-96, Art. 75)
3. Filing of the amending deed with the commercial court registry (amending entry [inscription modificative])
4. New publication in a legal announcements newspaper and in the Official Bulletin
5. Update with the DGI, the CNSS, the bank and business partners

⚠️ Tip: Avoid changing the name after registration; it is costly and cumbersome. With Charikaty, the drafting of the deeds, the electronic signature, the filing with the registry and the legal publications are done online.