Trademark Registration Guidelines: In this article, I will be discussing on trademark; the requirements and procedures for registering a trademark in Nigeria. A trademark is a recognizable sign, symbol, or expression which identifies one’s business products and services from the other.
The registration of the Trademark is now officially with the Commercial Law Department in the Ministry of Trade and Investment in Nigeria, according to the law in Nigeria under the Trademarks Act Chapter 436 of 1990.
All individuals or entrepreneurs or companies should strive at all times to protect their business’ identities by registering unique symbols or trademarks of the business.
Trademark registration in Nigeria gives the owner the right to use such registration to exclude others from violating or willfully copying or usage by a third party without consent.
A registered owner of a trademark may institute an action in Court to block any infringements or unauthorized use of their trademarks.
Requirements for Trademark Registration
- Applicant’s full name, nationality, and physical address.
- The information about the trademark; must have a clear and separate representation. N/B: for the Trademark registered online, soft copies in JPEG format at a minimum of 1200dpi will be requested.
- For registering your goods in Nigeria, know that the standard used is the International Classification of Goods.
- Power of attorney signed with full details of the name(s), address (es), and nationality of applicant(s) and also, the name(s) and capacity of the signatory when the applicant is a company/firm.
Procedures for Trademark Registration
- Instruct your application for Trademark registration to a local Attorney/Agent in Nigeria who is responsible for filing and processing such applications at the Nigerian Registry of Trademarks, Patents, Designs, and Copyrights.
- After the application, the registrar then issues an official acknowledgment that reflects the number and filing date of the application.
- A thorough search is carried out to confirm the Trademark is unique from existing or pending registration. After the search, if the Trademark is accepted, the applicant will be issued a letter/notice of acceptance.
- The Trademark application must be advertised in the Nigerian Trademark Journal for a period of two months and is open for opposition for that period.
- If there are no objections, the applicant will be issued a certificate of registration by the registrar.
- When issued, the Registration Certificate will have the date of the initial filing of registration.
- Nigerian trademark registrations have an initial validity of seven (7) years and are thereafter indefinitely renewable for periods of fourteen (14) years. An application for renewal should be made not less than three (3) months from the due date.
Note: your Trademark can be registered in either black and white or colored.