How to register a trademark in Nigeria is a hot topic in Nigeria's business scene, and for good reason. For one, it grants businesses exclusive legal rights, protects their brand, and helps customers/end users easily distinguish their products from competitors. In this article, we provide a step-by-step guide on how to register a trademark in Nigeria, while also addressing common questions related to the Trademark registration process.
What Is A Trademark?
A trademark is simply a unique word, symbol, mark, or combination of all of these that sets a business apart. Registering its trademark enables a business to establish a unique brand identity and enjoy exclusive legal rights with respect to its brand against competitors. In Nigeria, the Trademark Act, Cap T13, LFN 2004, is the law that governs trademark registration in Nigeria today. The agency in charge of trademark registration in Nigeria is the Federal Ministry of Industry, Trade, and Investment.
Trademark Registration Process in Nigeria
Before embarking on the trademark registration process, it is important to amongst other things, consider if the proposed mark is registrable.
TradeMarks that can be Registered
According to the Trademark Act1, for trademarks to be registrable, they must contain at least one of the following essential particulars:
- Company, individual, or firm's name represented in a special or particular manner;
- Signature of the applicant for registration or his predecessor in business;
- Invented word(s);
- Words that do not directly describe the nature or quality of the goods and are not commonly recognized as geographical names or surnames;
- Distinctiveness2
TradeMarks that cannot be Registered
In the same vein, there are certain marks that cannot be registered and some of them include:
- Deceptive/Scandalous marks3
- Names of chemical substances4
- Marks identical to or resembling one already registered.5
Step-By-Step Trademark Registration
- Appoint an accredited agent/lawyer: Usually, the first step to take upon deciding to register your trademark is to brief an accredited agent or legal practitioner. If a foreign business is seeking to register a trademark in Nigeria, then such a business may need to execute a power of attorney in favour of such agent/lawyer authorising him/her to act on behalf of the foreign Applicant.
- Search: The accredited agent/lawyer would then conduct an availability search at the registry to determine if the mark is available and has not been trademarked by another entity6.
- Application and Payment: This typically involves the accredited agent/lawyer filling the necessary forms and paying the prescribed application fees7. An acknowledgement form will be issued by the registry as proof of its receipt of the trademark application.
- Examination of the Application: This involves the registrar examining the application to ensure that it is in line with existing trademark registration laws and that it does not in any way conflict with existing trademarks.
- Acceptance and Publication: Once your application is accepted and/or approved by the registrar, it will be published or advertised in the Trademarks Journal. The aim of this publication is to inform the public of trademark applications that have been lodged with the registry and invite objections, if any, to the registration of the trademark applications8.
- Certificate of Registration: Where no objection is raised or where an objection is raised and decided in favour of the trademark applicant, the application is then registered and a certificate of registration is issued9.
Conclusion
Registering a trademark in Nigeria is a crucial step for businesses seeking to protect their brand identity and intellectual property. Understanding that safeguarding one's unique brand identity is essential for business growth underscores the importance of trademark laws. These laws exist to provide legal backing, ensuring that your brand remains exclusively yours and is shielded from unauthorized use. By familiarising themselves with the registration process, associated costs, and legal requirements, individuals and businesses can secure their trademarks and foster long-term growth. If you require assistance, it is advisable to consult a trademark expert or legal professional to ensure a smooth registration process.
Footnotes
1. Section 9(1) Trademark Act, Cap T13, LFN 2004
2. See section 9 (2) of the Act for what “distinctiveness” means.
3. Section 11 of the Act
4. Section 12 of the Act
5. Section 13 (1) of the Act
6. Note that a mark can be deemed not registerable even if the mark itself has not been trademarked, but a mark similar to it has already been trademarked by another entity.
7. This application is typically submitted to the Trademark, Patents, and Designs Registry under the Federal Ministry of Industry, Trade, and Investment.
8. See section 20 of the Trademark Act 2004 for more details on “opposition to registration” of a trademark application
9. Section 22 (3) of the Trademark Act 2004
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
