what is trademark in nigeria

Introduction: HOW TO REGISTER YOUR TRADEMARKS IN NIGERIA

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Trademark registration is an essential process that provides legal protection to businesses and individuals in Nigeria. A trademark is a unique symbol, design, or word that represents a product or service of a particular brand. Trademarks is a category of Intellectual Property Rights In Nigeria, and they are enforceable within Nigeria, when registered.

Registering a trademark in Nigeria is necessary to prevent others from using similar or identical marks for their products or services, and to establish ownership rights. In this blog post, we will provide an overview of trademark registration in Nigeria, including the process, requirements, benefits, and costs.

Let’s gets to business, trademark is a category of intellectual property, Nigeria is a member of world intellectual Property organization(WIPO) and African Regional Intellectual property Organization (ARIPO).

The french speaking countries in Africa are members of Organisation Africaine de la Propriété Intellectuelle(OAPI)

These bodies are implementing systems under world intellectual property rights. other categories of intellectual property rights are patent, copyright and industrial design.

Process of Trademark Registration in Nigeria

The process of trademark registration in Nigeria is administered by the Trademarks, Patents, and Designs Registry, which is a division of the Federal Ministry of Industry, Trade and Investment. The process involves the following steps:

  1. Search for existing trademarks: Before registering a trademark, it is essential to conduct a search for existing trademarks that are similar or identical to the proposed trademark. This search helps to ensure that the proposed trademark is not already registered or being used by another business or individual.
  2. Filing an application: The next step is to file an application for trademark registration with the Trademarks, Patents, and Designs Registry. The application should include the proposed trademark, its class, and the goods or services for which it will be used.
  3. Examination: The application will be examined by the Registrar of Trademarks to ensure that it complies with the requirements of the Nigerian Trade Marks Act. If there are any objections or issues with the application, the Registrar will communicate them to the applicant.
  4. Publication: If the application is accepted, it will be published in the Nigerian Trademarks Journal. This publication is an opportunity for interested parties to oppose the registration of the trademark.
  5. Registration: If there are no oppositions, or the oppositions are successfully overcome, the trademark will be registered and a certificate of registration will be issued.
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Requirements for Trademark Registration in Nigeria

To register a trademark in Nigeria, the following requirements must be met:

  1. The proposed trademark must be distinctive and not identical or similar to existing trademarks.
  2. The trademark must be capable of being represented graphically.
  3. The trademark must not be offensive or contrary to public policy or morality.
  4. The applicant must provide a clear description of the goods or services for which the trademark will be used.

TRADEMARK AGENTS

Just like you have cac agents for company registration, there are trademark agents, capable of helping you to file for the protection of trademarks with trademarks, patent and design registry in Nigeria.

It is important to note that company or business name registration is different from trademark registration.

A Trademark agent must obtain from the owner a power of attorney to act on behalf of the owner of the registrable trademark. The product name or logo must be registrable. registration can be done in white and black, but where you choose a particular color, enforcement of the protection of entire product in black and white is not guaranteed.

Renewal of trademark license– The timeline of the license issued by government to own the trademark is within ten years, and after that you can renew the license.

Benefits of Trademark Registration in Nigeria

There are several benefits of trademark registration in Nigeria, including:

  1. Legal protection: Trademark registration provides legal protection to the trademark owner and prevents others from using similar or identical marks for their products or services.
  2. Exclusive rights: Trademark registration establishes ownership rights to the trademark and enables the owner to prevent others from using it without permission.
  3. Brand recognition: A registered trademark helps to establish brand recognition and creates a unique identity for the business or product.
  4. Marketability: A registered trademark enhances the marketability of a product or service and creates a competitive advantage over others.
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Costs of Trademark Registration in Nigeria

The costs of trademark registration in Nigeria vary depending on several factors, such as the number of classes, the complexity of the trademark, and the services of a trademark agent. Generally, the costs range from N75,000 to N100,000 or more.

Conclusion

Trademark registration is an important process that provides legal protection and establishes ownership rights to businesses and individuals in Nigeria. The process involves several steps, including a search for existing trademarks, filing an application, examination, publication, and registration. The requirements for trademark registration include a distinctive trademark, a clear description of goods or services, and compliance with Nigerian Trade Marks Act. The benefits of trademark registration include legal protection, exclusive rights, brand recognition, and marketability.

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