Comparative Guides
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Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Nigeria
Yes, a third party can oppose registration of a trademark after publication by filing a notice of opposition stating the basis for the opposition.

For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
5.2
Who has standing to oppose a trademark application?
 
Nigeria
Any interested person (including third parties) may give notice of an intention to oppose a trademark application.

For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
5.3
What is the timeframe for opposing a trademark application?
 
Nigeria
Oppositions must be lodged within two months of publication of the trademark in the Trade Marks Journal.

For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
5.4
Which body hears oppositions?
 
Nigeria
The registrar of trademarks or his designee is responsible for hearing and deciding on an opposition.

For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
5.5
What is the process by which an opposition proceeds?
 
Nigeria
The procedure involves the issuance of a notice of opposition by the opponent setting out the basis for the opposition. The applicant has one month to file a counterstatement indicating the grounds on which it relies for its application. The application will be deemed abandoned if the applicant fails to file a counterstatement within the specified timeframe. If the applicant files a counterstatement, the registrar will send a copy of the counterstatement to the opponent and the parties will then exchange statutory declarations in the form of evidence. If no additional evidence is adduced, the registrar shall subsequently give notice of hearing and the matter shall be decided based on the documentary evidence, as well as submitted judicial and statutory authorities.

For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Nigeria
The decision of the registrar of trademarks can be appealed to the Federal High Court and is reviewable by that court in the form of an administrative appeal.

For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.