Answer ... The registration procedure for trademarks in Nigeria is controlled and regulated by the Nigerian Trade Marks, Patents and Designs Registry, under the Commercial Department of the Ministry of Trade and Investments.

Answer ... The official fees charged by the Trade Marks Registry in Nigeria may be broken down as follows:

• official fee for a single trademark registration in one class – approximately $41.66; and
• official clearance search fee – approximately: $4.16.

Other ancillary costs may also be incurred.

Answer ... Yes, the Trade Marks Registry adopts the Nice Classification scheme in the registration of trademarks in Nigeria. Trademarks may be registered for goods or services.

Answer ... It is permissible to claim protection under the whole class heading; if this is claimed, the protection will cut across the whole class. Alternatively, if a specific line of goods or services is being targeted, a narrower description may be preferred.

Answer ... An applicant is expected to register only a trademark which it has a bona fide intention to use; otherwise, the lack of intention will indicate non-use attributable to the registrant and the mark, upon being challenged, may be struck off the Trade Marks Register as abandoned.

Answer ... Yes, upon request and payment of the requisite fees, the Trade Marks Registry will conduct a preliminary search to confirm the availability of the mark. An application may still be made without conducting a search, but there is a risk that it will be refused registration if, in the process of registration, it is discovered to conflict with an existing mark.

Answer ... Apart from the examination conducted to determine whether the trademark does not conflict with any other registered trademark, no other examination is carried out by the Trade Marks Registry.

Answer ... Yes – see question 2.3.

Answer ... No, but the law allows for registrations in either Part A or Part B of the Trade Marks Register. A descriptive mark may be registered in Part B of the register if it is capable of distinguishing the products in respect of which registration is sought from other products. Before filing an application, the trademark owner may seek the registrar’s preliminary advice on whether its mark is registrable in either Part A or Part B.

Answer ... The statutory timeframe for an objection/opposition is two months after publication of the application in the Trade Marks Journal. While an application may be objected to in writing before the opposition stage, the registrar is at liberty to direct that the party making such objection wait until the opposition period and file an opposition accordingly. A third party may also send a cease and desist letter to dissuade the trademark owner from proceeding with the registration.

Answer ... An applicant need not have used the trademark commercially in order to obtain registration; intent to use is considered sufficient to obtain registration of the mark.

Answer ... For online applications, acknowledgements are immediately available upon payment of filing fees. Otherwise, on average, it takes approximately five to 10 working days to obtain an acknowledgment for a manual application, and five to 10 working days for the acceptance letter to be issued.

Answer ... On average, 18 to 24 months.