OVERVIEW OF TRADEMARK IN NIGERIA
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
Once registered, it enables the trademark owner to take legal action against anyone who uses the registered mark without permission, sell and/or license, and allows the owner to legally put the ® symbol next to the brand – to show ownership and warn others against using it.
The Trade Marks Act governs trademark registration in Nigeria. The government agency in Nigeria that is in charge of the registration of trademarks is the Trademarks, Patents And Designs Registry, Commercial Law Department, Federal Ministry Of Industry, Trade And Investment. Applications are made to the
WHAT CAN BE REGISTERED AS A TRADEMARK
- A Device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof, in so far as it includes any of the following:
- The name of a company, individual, or firm, represented in a special or particular manner;
- The signature of the applicant for registration or some predecessor in his business;
- An invented word or invented words;
- A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname;
- Any other distinctive mark
PROCESS FOR TRADEMARK REGISTRATION IN NIGERIA
The Trademark registration process can be broken into 3 general stages:
- Availability Search – This involves:
Conducting a search to determine whether there are registered marks that are similar to your proposed mark.
- Trademark Application – If there is no similar mark, you may apply for registration. If the application is deemed registrable, the registry issues a Letter of Acceptance that serves as an approval in principle. After the acceptance has been issued, the mark is advertised in the Trademarks journal published by the Trademarks Office.
- Application for Certificate – Once the proposed mark has been advertised, an interested party may oppose the registration of the mark within 2 months of the advertised journal. If the mark is not opposed within 2 months, you may then apply to the Registrar for a Trademark Certificate.
- Issuance of Certificate – If there are no objections received, the Registrar will issue the applicant with a certificate of registration.
A trademark is valid in Nigeria for an initial period of 7 years, and then for further renewable 14-year periods. An application for renewal should be made not less than three (3) months from the due date.
