Registration of Trademarks in Nigeria
Campfires Law Firm | 1st September, 2023
A trademark is not a “mark”, in the loose sense. Instead, it is a word, symbol, logo, name, phrase, sound, or shape [or their combination] that distinguishes goods or services produced or sold by one brand from those of other brands. It is a brand identifier as it links a product or service to its manufacturer, distributor or provider.
In its essence, a trademark is an intangible asset that occasions a range of economic advantages to its owner or possessor. These economic benefits are intricately linked to the exclusive right to the use of the trademark. Prominent global instances of registered trademarks include well-known names and phrases such as Coca-Cola, Google, Bolt, First Bank, Dangote, Apple, Toyota, Amazon, Nike, Samsung, Facebook, YouTube, eBay, Netflix, Chanel, Mastercard, Tesla, PayPal, FedEx, Louis Vuitton, Jumia, Omotala, ‘Something Hooge’.
The reason behind the registration of these trademarks isn’t solely due to the awareness that a brand lacking trademark protection is akin to a beautifully-furnished bungalow with no gate and door locks. It also pertains to the recognition that the value of a brand is inherently tied to the significance of the associated trademark.
What are the Requirements for Trademark Registration in Nigeria?
The law governing trademark registration in Nigeria are the Trade Marks Act, 2004, the Trademarks Regulations, 2004, and the Business Facilitation (Miscellaneous Provisions) Act, 2022. A trademark is only efficient when protected, and the protection begins with its registration at the Trademark Registry. To register a trademark in Nigeria, therefore, the following are required.
- Execute a Power of Attorney. This is only necessary if you are registering the trademark through a Trademark/Intellectual Property Lawyer or an Accredited Attorney.
- The proposed trademark. This is important to ascertain whether the trademark would meet the criterion for registration.
- The class of the trademark. Trademark is registered and protected in class and determining the class or classes to register the trademark will streamline availability search.
- Full name, nationality, phone number, e-mail address, and physical address of the Applicant or applicants.
- If the Applicant, Applicants or either of the Applicants is a corporate entity, the incorporation documents of the corporate entity will be required in addition to the other requirements.
What are the Procedures for Trademark Registration in Nigeria
Registering a trademark in Nigeria can be a laborious and protracted process, which is why many applicants opt to enlist the assistance of Trademark Lawyers or Intellectual Property (IP) Firms to manage the registration on their behalf. The trademark registration procedure in Nigeria involves the following sequential steps:
- Conduct availability search to ensure the proposed trademark is available for registration and does not resemble any existing trademark in the same class.
- Fill and submit a trademark Application Form (where the trademark does not infringe on any existing or registered trademark) and pay the necessary fees.
- Obtain an Acknowledgment Form from the trademark registry, serving as proof of the Application Form’s submission. This acknowledgment might also contain disclaimers related to the exclusive use of geographical names or surnames.
- Receive an Acceptance Letter from the Trademark Registrar if the proposed trademark is found to possess distinctiveness or gains distinctiveness through use, or if all requisite disclaimers have been satisfactorily handled.
- Publish the trademark in the Trademark Journal. This publication period, carried out by the trademark registry, lasts for 2 months, during which any opposition to the trademark’s registration can be lodged.
- If no opposition to the trademark is raised within the 2-month period, or if any opposition brought forth is later withdrawn, dismissed, or resolved in favour of the applicant(s), a Certificate of Trademark Registration is issued to the applicant(s). This certificate bears a registration number and the Registrar’s seal. It bestows exclusive rights upon the applicant(s) to use and transfer the trademark. This exclusivity is valid for 7 years, and subsequent renewals can be made every 14 years indefinitely.
| Contributor: UJONG OKPA
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