Understanding of Trademark in Nigeria
The trademark registration Nigeria which is provided by Trade Mark Act LFN 1990 is one of the important ways to protect and distinguish someone’s trade symbols in Nigeria. Above all, a trademark is a word, symbol, phrase, design, or composition that identifies and distinguishes the source of the goods from one party to another.
- Once the registration is done then it let the trademark owner for taking legal action against anyone. Moreover, who uses the registered mark without permission, sell or license the registered trademark which is a sense becomes an asset.
- Likely this allows the owner to legally put the ® symbol next to the brand – to show ownership right and warn others against using it.
- The legislation system In Nigeria, which governs the registration of trademarks, is the Trade Marks Act and the Trade Mark Regulations made according to it.
- However, the government agency of Nigeria which is in charge of the registration of the Trademarks, Patents And Designs Registry, Federal Ministry Of Industry, Commercial Law Department, Trade And Investment.
- Applications are made to the TradeMarks registrar.
This Department is charged with the duty of dealing with applications of registration of trademarks, and other interlinked matters.
The essential elements for trademark registration In Nigeria
The essential elements for trademark registration Nigeria include the following:
- The Logo, which may include Words and/or Device
- Candidate’s Name
- Candidate’s contact details
- Power of Attorney
Note: Appointing an agent to conduct such registration (recognized agent/lawyer may help to prepare the power of attorney)
What is eligible for registration?
For the eligibility for trademark registration Nigeria, there must be at least one of the following essential particulars–
- Any combination of Device, brand, heading, label, ticket, name, signature, word, letter, numeral
- The name of an individual, company, or firm, represented in a specific or particular manner
- The signature of the applicant for registration or some forerunner in his business
- An invented word(s)
- A word or words with no continuous reference to the character or quality of the goods, which is not being according to its ordinary signification a geographical name or a surname.
- Any other particular mark
Process for Trademark Registration Nigeria
There are 3 general stages for the process of trademark registration Nigeria:-
- Availability Search – Search is conducted to determine the registration of marks that are similar to your offer mark. The outcome of the search will help you to determine if the offer mark is registered or not.
- Trademark Application – You may apply for registration if there is no similar mark. The registry issues a Letter of Acceptance that serves as an approval in principle if the application is considering registrable. Therefore once there is an issue of acceptance, the mark promotes in the Trademarks journal publishes by the Trademarks Office.
- Application and issuance for Certificate – Once the proposed mark has been advertised, an interested party may oppose the registration of the mark within 2 months of the advertised journal. Also, if there is no opposition within 2 months then you may apply to the Registrar for a Trademark Certificate. The Registrar will issue the applicant with a certificate of registration if there is no objection. At the time of the issue of application, the Registration Certificate will reflect the date of the initial filing as the date of registration.
The validity of the trademark in Nigeria is for an initial period of 7 years, and then for further renewable 14-year periods. From the due date, a renewal application should be made for not less than three (3) months.
Also read Classes of Trademark
What can apply to trademark registration Nigeria?
Any mark, words, designs, device, numerals, labels, or combination of these which are distinctive or have acquired distinctiveness as used about goods. Further to indicate a connection in the course of trade between such goods. Moreover, some person having the right either as proprietor or as a registered user to use the mark can be registered as a trademark.
What cannot apply to trademark registration Nigeria?
The deceptive marks which are likely to mislead the general public; scandalous marks which are contrary to law and morality. Similarly vulgar and disparaging marks; names of chemical stuff. Moreover identical or resembling trademarks which are likely to deceive or cause confusion. For instance use of the Nigerian Coat of Arms or other emblem or insignia of a government authority.
Refusal or Opposition of Registration
Trademark filling will get opposition if:-
- Devoid of distinctive character
- Trademark is deceptive
- Trademark is scandalous, contrary to law or morality
- Names of chemical substances, use of the Coat of Arms of Nigeria
- Apply any type of emblem or title such as President or Governor without the regulatory authority
- Moreover use of words like ‘Patent’, ‘Copyright’, ‘Registered’, ‘Registered Design’, ‘Red Cross’ and like terms cannot be registered
- The proprietor is not the actual owner
- Registered in bad faith
- Fraudulently obtained
- Trademark is identical or confusingly similar to a previously registered Trademark
- The applicant for the Trademark has no intention to use it
Conclusion
The trademark registration in Nigeria provided for by Trade Mark Act LFN 1990 is one important way to protect and distinguish someone’s trade symbols in Nigeria. All individuals or entrepreneurs or companies should aim to protect their business’ identities by registering different symbols or trademarks of the business.
For registering a trademark, we recommend you to take guidance from an experienced professional. Also, you can visit our website TrademarkCart as an experienced portal to help you at each step of trademark registration at the lowest and affordable prices. For further any query contact us at +1-646-513-4304, we will be highly obliged to offer you our valuable service. we also provide service for trademark registration in India, trademark registration in Dubai, and trademark registration in New Zealand.
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