Comparative Guides
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Results: 4 Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
Nigeria
In Nigeria, trademarks have an initial validity period of seven years and can be renewed indefinitely thereafter for 14-year periods as long as the mark remains in use.

For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
Nigeria
To renew a trademark registration in Nigeria, the following must be filed at the Trade Marks Registry:

  • an application for trademark renewal;
  • the particulars of the applicant;
  • power of attorney;
  • the certificate of registration of the trademark; and
  • evidence of payment of the prescribed renewal fee
For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
8.3
What are the grounds for cancelling a trademark registration?
 
Nigeria
The following are grounds for revocation or cancellation of a trademark:

  • non-use – this occurs when the applicant registers the trademark without any bona fide intention to use the mark or fails to use the mark for a period of five years following its registration;
  • failure to observe a condition precedent entered on the register in relation to a trademark;
  • failure to renew an expired trademark registration; and
  • lack of distinctiveness – where it is alleged that the mark is descriptive or generic and was registered in error, or is deceptive, confusing and/or misleading.
For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
Nigeria
Once a trademark has been registered, it can be cancelled if:

  • the registration was issued in error and without sufficient cause;
  • the mark wrongfully remains on the register; or
  • the mark was obtained by fraud or misrepresentation of facts.

If the mark is deceptive, scandalous or contrary to law or public morality, a court of law may invalidate it.

For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
Nigeria
An application in the prescribed format should be made to the registrar when the procedure is instigated at the instance of a registered owner, registered user or other interested/concerned person(s), stating the grounds and particulars for seeking invalidation. The owner of the mark is entitled to be placed on notice and given the opportunity to respond to the allegations.

For more information about this answer please contact: John C. Onyido from S.P.A. Ajibade & Co.
8.6
What is the procedure for appealing a decision cancelling a registration?
 
Nigeria
See question 5.6.

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