I can guarantee one thing: you must have heard of the word “Trademark” on more than one occasions. What i can’t guarantee however is if you know what it really means. We will show you what Trademark means and its importance. Also, we will show you how to register your trademark in Nigeria. We won’t stop there, we will also ensure to outline the Trademark Registration Requirements In Nigeria. All these are packaged in here for you.
What then is Trademark? A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others (trademarks used to identify services are usually called service marks). It is a symbol/sign/design which separates one product from the other. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.
Now we have seen what a trademark means. Can trademarks be registered in Nigeria? If yes, what are the procedures and requirements? Calm down. Here you have it.
How To Register A Trademark In Nigeria
There are a lot of processes involved in registering a trademark in Nigeria. We will do justice to each and every one of them. Our aim is to ensure you are properly guided in this stage.
Under Nigerian law, only accredited individuals/companies can register trademarks. So if you are interested in registering your trademark you will need to hire the services of accredited agents for this process.
In Nigeria, the legislation, which governs the registration of trademarks, is the Trade Marks Act (and the Trade Mark Regulations made pursuant to it). 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 Registrar of Trade Marks.
Trademark Registration Requirements In Nigeria
Below are the Trademark Registration Requirements In Nigeria. they include
- Applicant’s details
- Trademark Information
- The full range of goods covered or proposed to be covered by the trademark.
- Power of Attorney/Authorization of Agent.
Having seen the requirements, how can one go about the registration? Let’s find out here.
Process for Trademark Registration in Nigeria
The Trademark registration process can be broken into these general stages:
- Availability Search – You conduct a search to determine whether there are registered marks that are similar to your proposed mark. The outcome of the search will help you determine whether the proposed mark may be registered or not.
- 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. When issued, the Registration Certificate will reflect the date of initial filing as date 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.
Please Note: A trademark in Nigeria may be registered either plainly (black and white) or in colour. However, where a trademark is registered in colour, the protection afforded is limited to the colour(s) registered. On the other hand, a plain (black and white) registration affords protection to all colours of presentation of the trademark.
We haven’t online show you the Trademark Registration Requirements In Nigeria, we have also given you guides on how you can register your trademark. So, what are you waiting for?