A trademark is a recognizable sign, design, or expression that identifies products from a particular source and distinguishes them from others. Examples of brands include the Shell logo and the Apple logo. For a mark to be associated with and used by a particular company to the exclusion of others, it must first be registered by that company.
In Nigeria, trademarks are registered in the Trademarks, Patents and Designs Registry, Commercial Law Department, Federal Ministry of Industry, Trade and Investment.
Step 1: Trademark Search
The first step in registering a trademark in Nigeria is conducting an availability search on the online platform of the Trademark, Patents and Designs Registry (the “Registry”). This is to ensure that the mark you intend to register is available. Trademarks which are scandalous, deceptive or identical to an already registered trademark in respect of the same type of goods or services are not eligible for registration in Nigeria.
Step 2: Application and Filing
you can apply if the search is thriving and there is no such mark currently in use by another. At the discretion of the Registry, the Mark may be deemed registrable, and a Letter of Acceptance is issued. This serves as an approval of the application.
Step 3: Content of Application
- To complete the application, some or all of the following details may be required:
- The name and registered address of the company (where the applicant is a company)
- Type of Incorporation
- A drawing of the Mark (where the Mark is a drawing)
- A description of the mark
- A list of the goods and services you intend the Mark to cover
- Date of the first use of the intended effect and a sample of the mark in use
- Power of attorney appointing the trademark agent
Step 4: Fees
In Nigeria, trademarks are registered according to the Nice Classification, established by the Nice Agreement of 1957. Since 2013, the Nice Classification has been revised and published annually.
The Nice Classification is an international classification that provides a list and description of the classes of goods and services under which people may apply to register their trademark. There are 34 classes of goods and 11 classes of services (a total of 45 lessons).
The statutory fee for registering a trademark in Nigeria is 30,000 naira. This is subject to review by the Registry.
Step 5: Publication
Once the Letter of Acceptance is issued, the mark will be published in the Trademark Journal by the Registry.
The publication allows others to oppose the registration of the mark. The opposition period typically lasts two (2) months. Once the mark is not opposed within two (2) months of the publication, an application to the Trademark Registrar can be made for the Trademark Certificate.
Step 6: Issuance of Trademark Certificate
Where no objection is filed, or such objection is withdrawn or overruled, the Registrar will issue the trademark certificate to the applicant. The date of the initial filing shall reflect the date of registration. Upon issuance of the certificate, the registered trademark owner assumes exclusive control and usage of the mark, allowing them to license the mark to whoever they wish.
Note that trademark protection will only be for those classes under which the mark is registered.
Validity Period
Trademarks in Nigeria are initially valid for seven years and can be renewed subsequently. Subsequent renewals last for 14 years.
Timeline
The entire registration process is typically concluded within 6 – 12 months. However, this can take longer depending on other factors determined by the Registry.