Answer ... 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.
Answer ... 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
Answer ... 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.
Answer ... 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.
Answer ... 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.
Answer ... See question 5.6.