Trademark registration in Nigeria
Why register a trademark in Nigeria?
Nigeria’s attractive economic position makes it an important reason to consider registering a trademark there. Nigeria has a large consumer market on the African continent.
Which body registers trademarks in Nigeria?
The Nigerian Government agency that administers intellectual property (IP) rights and legislation for patents, trademarks, and design rights is the Commercial Law Department of the Federal Ministry of Trade and Investment, Abuja (Nigerian IPO).
How is priority in trademark registration in Nigeria determined?
Nigeria is a ‘First-to-File’ country, meaning it recognises a brand whose trademark registration application was first filed with the Nigerian IPO. As a ‘First-to-File’ jurisdiction, the Nigerian IPO gives priority to the party that first started the trademark registration process in the country in connection with the respected class of goods or services.
How long does it take to register a trademark in Nigeria?
Based on our data, registering a trademark in Nigeria takes on average 18 months after filing the application, provided it has not been objected to or opposed by other trademark owners.
Who can register a trademark in Nigeria?
Any individual, partnership, trade union, association, joint venture, or corporation can file a trademark application with the Nigeria IPO through a trademark attorney to significantly reduce the time and cost of the application procedure.
What does the trademark registration in Nigeria look like?
1. Create a distinctive sign
For a trademark to be eligible for registration, it has to meet specific criteria, one of which is distinctiveness. As the purpose of a trademark is to distinguish a recognisable source of goods or services to the customer, only a sign with at least a minimum level of distinctive character can achieve this purpose without consumer confusion.
2. Conduct a prior search
Another important step in applying for a trademark is ensuring that it is not confusingly similar to already registered marks. Many starting businesses that tried to register their trademarks without prior research have either suffered rejection directly from the Nigerian IPO or received opposition from their competitors who registered their marks prior to them. Trademark law strongly prioritises companies that file trademark applications first, even if the registration process has not yet been completed. As a result, the Nigerian IPO, in general, recommends searching their trademark database before submitting an application.
3. Submit an application
In your application, you must provide details of your trademark and the list of goods or services you want to use under your trademark to the Nigerian IPO. Therefore, all the Nice classes and their respective individual terms you wish to register must be included.
After filing your application with the Nigerian IPO , it will go through several stages:
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Examination (2-10 days)
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Publication for oppositions
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Registration
Examination
Nigerian IPO will examine your application to check it meets the legislative requirements (e. g. distinctiveness of the mark, correct and clear classification of goods or services) . If it does, it will progress to the next step. If your application doesn’t meet the requirements, we can send you a report explaining the issues. In some cases, you may be able to fix your application.
Publication for oppositions
If your application successfully passes the examination, Nigerian IPO will proceed to publish your trademark in the Nigerian Journal of Trade Marks. Third parties have two months to oppose your trademark application.
Registration
If your trademark isn’t opposed, or you overcome oppositions, the Nigerian IPO will register it and update its status in the Nigerian Journal of Trade Marks.
What does the trademark opposition process look like in Nigeria?
During the process of applying for your trade mark, others are allowed to oppose your application. If this happens, the Nigerian IP Owill inform you and give you a chance to respond.
If you decide to defend against the opposition:
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You’ll need to submit a Counterstatement within one month of receiving the Notice of Opposition.
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After filing your notice, you need to assemble your evidence, documentation and arguments, challenging the claims of the counterparty.
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The Nigerian IPO will share the evidence with the other party. You’ll both be provided with the opportunity to either drop the opposition, or progress it to a hearing.
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You’ll be asked to make a submission to argue your case during either a written or oral hearing.
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The hearing officer will evaluate all evidence and submissions before making a decision.
If the opposition is successful, your trademark application will be rejected. If the opposition isn’t successful, your trademark will proceed to registration.
Time: An opposition proceeding can take as long as two years or even longer.
How long does a trademark last in Nigeria? How can I renew my Nigerian trademark?
Trademark registration in Nigeria provides seven years’ protection from the filing date. Once registered, it’s the responsibility of the owner to maintain and renew his trademark. By using our services, you can easily renew your trademarks in Nigeria.
Contact Us
Contact us today for assistance on trademark registration in Nigeria. Email at admin@ashtonlp.com.
