A trademark is an intellectual property which may take the form of a logo, word, phrase or symbol, sign, design, etc. A trademark is therefore a unique sign or mark which serves the purpose of distinguishing the goods and services of one business from another. There are many businesses in Nigeria whose products are easily identifiable and distinguishable by their trademarks which has become part and parcel of these businesses.
The registration of trademarks in Nigeria is processed at the Trademarks, Patents and Designs Registry and the law regulating the registration of trademarks in Nigeria is the Trademarks Act.
The Requirements for the Registration of Trademarks
To register a trademark in Nigeria, the following information are required:
- The information of the applicant which shall include his name, nationality and address
- A representation of the trade mark
- Details of the trademark
- The classification of goods or services. Note that the NICE classification of goods and services is currently in use in Nigeria. The NICE classification classified goods and services into 45 classes for the purpose of registering trademarks in Nigeria.
- An executed Power of Attorney which authorizes a trademark agent to register the trademark on your behalf.
The Procedure for Registering a Trademark
The process involved in the registration of trademark involves:
- Conducting availability search: This is to ensure that the mark is not similar or in conflict with an existing trademark. The availability search takes about few days to be completed and obtained a search report.
- Application: Upon the conclusion of the availability search and obtaining a search report which shows that the mark is distinct and not similar or conflicting to an existing trademark, an application for trademark registration is submitted with the applicable official fee paid. An acknowledgement letter would be issued to confirm the receipt of the application by the registrar of trademarks.
- Acceptance: The trademark application would be examined and where it is found to be distinctive, an acceptance letter would be issued by the registrar of trademarks which can be used pending the issuance of a trademark certificate. The acceptance letter is usually acceptable for processing certain applications such as product registrations with the National Agency for Food and Drugs Administration and Control (NAFDAC).
- Publication and certification: The notice of application for trademark registration is published in the Trademark Journal for opposition or objections to be raised against the registration of the trademark on certain grounds which may include the fact that the trademark is confusing, similar to an existing trademark or likely to mislead the public. The timeframe for objecting to the registration of a trademark is two (2) months from the date of publication of the journal. However, where no opposition or objection is raised or any objection raised is dismissed, the trademark registrar would proceed to issue a registration certificate to the applicant.
Validity and Renewal of Trademarks
Trademarks registered in Nigeria are valid for an initial period of 7 years and any subsequent renewal lasts for 14 years. The requirements for the renewal of a trademark are the trademark certificate, power of attorney and the payment of the prescribed official fee.
Why You Should Register Your Trademark
Trademarks are your intellectual property which may be infringed unless protected. The registration of trademarks affords the owner protection against infringement and reputational damage by counterfeiters who may produce counterfeits of your brand products. It also ensures that you get the adequate value for your creativity as you may license the use of your trademark in exchange for money or use it as a security or collateral to obtain funding for your business.
Conclusion
The registration of trademark is an important step taken to protect intellectual property in Nigeria. The registration of trademarks in Nigeria requires the conduct of availability search, submitting an application and receiving an acknowledgement letter, issuance of acceptance letter, publication in the trademark journal and finally the issuance of certificate of registration.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
