The usual procedure on how to register a trademark in Nigeria is summarised below.
Typical time periods are indicated. A trademark application usually proceeds to registration a few months after filing. If at any stage you decide not to continue with the application, it may be abandoned. Your interest in the mark will remain recorded on the Trademark Register for many years and may act as a deterrent to others.
Trademark search in Nigeria
A trademark search is recommended for two main reasons:
- To determine if the mark is registrable having regard to other marks on the Trademark Register: and
- To determine whether your use of the trade mark is likely to infringe anyone else’s current trade mark registrations or other intellectual property rights.
Our search report will also advise you on whether your proposed mark is registrable having regard to the requirements of the Trademarks Act.
A trademark search takes around 2-3 days to conduct, consider and report. If urgent, a search can be conducted and reported within a day.
How to Register a Trademark in Nigeria
Application papers and a representation of the trademark are filed at the Intellectual Property Office of Nigeria. The trademark application receives a filing date and an application number which we will detail in our filing report to you.
Examination
The IPO examines each application 2-10 working days after it is filed. The examiner conducts a search of the Trademark Register and may issue a Compliance Report that sets out any objections facing the application. We forward this report to you and make our recommendations on how to respond.
Acceptance
In the absence of an adverse examination report (which happens in about half of all new applications), or once an examiner’s objections have been overcome, the application is accepted and advertised in the Intellectual Property Office Journal.
Any person having reasonable grounds may oppose the registration of a trade mark within two months of the advertisement.
Registration
If no opposition is filed, or any opposition filed is unsuccessful, the trade mark will be registered.
Proceedings for infringement cannot be undertaken until the Certificate of Registration has been issued.
Term
Under the Trademarks Act the initial term of a trade mark registration is seven years. Subsequent renewal fees are required every fourteen years after the first renewal. We will endeavour to remind you when renewal fees are due.
Provided you continue to use it, you can renew your trademark registration indefinitely.
Contact Us
Regarding how to register a trademark in Nigeria, contact us today. Email at admin@ashtonlp.com.
