Trademark Registration in .
Obtaining a trademark in Nigeria provides vital protection for business owners, allowing them to legally secure their exclusive rights and gain recognition among customers. Whether you are an entrepreneur or brand owner looking for greater peace of mind, it pays off to understand the specifics behind this process – from what types of marks might be available all the way through filing and registration formalities.
Let’s explore how trademarks can work with your needs as we dive into details about obtaining legal protections within the Nigeria Trademark process.
Nigerian trademark registration services
Nigeria follows a first to file system, which means that anyone who has filed the application first and gets accepted becomes the trademark owner. Nigeria does not allow multiple class filings; thus, a separate application will have to be made and filed for each class. The authority that looks after the application is The Trademarks, Patents and Design Registry.
To register a trademark, the trademark application must contain:
- Name and address of the applicant;
- Details of the trademark;
- Class under which the trademark falls;
- Contact details of the applicant.
Types of Trademarks
Types of trademarks in Nigeria
Other than the accepted trademarks, some trademarks cannot be accepted. These include:
How to register a trademark in Nigeria?
It is important to conduct a trademark search before filing an application. A proper trademark search will allow the applicant to find similar and identical trademarks, plus will also help in understanding the reasons for potential rejections.
Once you are done with the search and are sure of the trademark, you can file the application. When the application is filed, you will receive an acknowledgement from the Registry.
When you file for an application and get accepted, you will receive a confirmation letter immediately that will have the application number and the date mentioned on it, generated by the Registry’s portal.
The Registry also checks if the trademark is registrable. During the examination, the application is checked for any inaccuracy. The trademark is also checked if it complies with all the rules and legislation of the country, the nature of the trademark, moral grounds and public interest. If it is and everything is in check, the examiner accepts the trademark registration application, and then a notification of acceptance is issued to the trademark owner. The acceptance form is usually issued within 3-4 weeks from the acknowledgement.
The trademark is then published in the Trademark Journal for the public to see and is open for oppositions. The trademark is published for two months.
During the time trademark is published in the Trademark Journal, interested parties can file or give notification of opposition. This has to be done within the two months of publishing because this period cannot be extended.
If there is an opposition, there is a hearing in front of the Registrar, and both the parties have to provide their evidence and proofs with the arguments. Based on the arguments, the Registrar takes a decision. The applicant can challenge the Registrar’s decision with Federal High Court, for which there is going to be another hearing, and the decision given will be final.
If there is no opposition filed or if the decision is taken in favor of the applicant, then the trademark is granted registration, and a Certificate of Registration is issued.
Price of Trademarks
Trademark registration cost in Nigeria
Trademark registration cost in Nigeria is relatively low. The cost to register a trademark varies from USD 100 to USD 500, depending on the legal cost involved.
Age of Trademarks
How long does the trademark last?
Trademark in Nigeria lasts for seven years, after which it can be renewed for fourteen years. The renewal cost, along with the cost of lawyers, ranges from USD 200 to USD 400.
For renewal, the Certificate of Registration will be required, or if you are renewing it for the second time, then a renewal certificate will be required.
The Nigerian economy is slowly getting better, with businesses getting in the market. To distinguish yourself from others, it is important to get a trademark registered. With the help of a trademark, you will get exclusive rights over your goods and services.
At Trademark International, we provide hassle-free trademark registration services catered to your needs in compliance with the international requirements and standards. [Country/Region] trademark registration doesn’t have to be complicated, and that’s why Trademark International is here to assist with all of your intellectual property needs.
What to do? How to do it? When to do it? Will it work?
If these are the questions that come to your mind when thinking of registering a trademark, you have come to the right place. We, at Trademark International, answer these questions and more! Offering multiple trademark services, we guarantee client satisfaction. For expert advice and consultation, contact us now! Or fill out our online trademark filing form.
Frequently Asked Questions
The process for registering a trademark varies from country to country. To file for a trademark in the US, you can file an online application with the USPTO. The USPTO entertains two types of applications: ‘In-use’ and ‘Intent to use’. The online application is known as Trademark Electronic Application System (TEAS).
Just like every country has its own registration process, the cost varies as well. Depending on the legal fees and the length of the process, the cost can go up or down. In the US, the price of registering a trademark ranges from $500 to $3000.
You need to file an application which should contain: your name and address, if it’s a business then the type of legal entity it is, details of the trademark, list of goods and services, the details of the class(es).
Yes, you can file for both: a local and an international trademark. Some countries entertain a single application to register a trademark locally as well as internationally.
Yes. It is possible to register a trademark in multiple countries with a single application but it depends on which union the country is part of. You can do this through the Madrid Protocol or EUIPO.
Countries have different laws regarding what can be registered as a trademark. In the US, the types of trademarks that can be registered are slogans, shapes, names, phrases words, images, 3D shapes, holograms, smells, and colors.