Trademark registration Nigeria - In Nigeria the legal basis is the Trade Marks Act CAP T13 Laws of the Federation of Nigeria 2004. Trademark protection is obtained by registration.
Trademark registration: Requirements
A trademark application has to be filed before the Trademarks Registry by an accredited local agent. A non-legalized power of attorney (on a prescribed form) is sufficient authority for the agent to act on behalf of the applicant. Foreign applicants do not need a domestic registration. Preliminary Search: Prior to applying to register a trademark, an applicant can opt to carry out a preliminary search for the availability of the proposed mark (This is not compulsory)
Trademark registration: Procedure
Once the agent files the application, the Registrar issues the applicant with an official receipt and an ‘ Acknowledgement’ containing a filing number and the date of filing. The application process includes a formal examination to ensure the mark is not deceptive, illegal or immoral, an examination of distinctiveness, and a search for the availability of the proposed trademark. If the application is deemed acceptable, the Registrar issues a formal 'Letter/Notice of Acceptance'. Before registration, the trademark application is published in the Nigerian Trademark Journal, and any opposition shall be made within 2 months from the publication of the trademark . Provided no objections are raised or sustained within the specified opposition period, the Registrar will issue the applicant with a Certificate of Registration, which is dated from the date of filing. Provided the applicant is working with a diligent local agent; the whole process takes approximately 12 to 24 months, from first filing to registration.
Trademark registration: Duration
A trademark registration in Nigeria is valid for 7 years and starts with registration date. The registration is perpetually renewable for periods of 14 years.
Trademark registration: Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.
Extra
Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation. Licensing and Assignments of trademarks are also permitted.
Trademark registration in Nigeria
