Trademark registration in Nigeria. Nigeria, officially the Federal Republic of Nigeria, is a country in West Africa. Nigeria’s mixed economy is the largest in Africa, the 26th-largest in the world by nominal GDP, and 25th-largest by PPP. It is a lower-middle-income economy, with its abundant supply of natural resources, well-developed financial, legal, communications, transport sectors, and Nigerian Stock Exchange. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Nigeria.
Trademark in Nigeria
A trademark in Nigeria is defined as a recognizable name or design. In order to obtain a trademark in Nigeria, the applicant needs to file a trademark application to the Trademarks, Patents and Designs Registry, Commercial Law Department of the Federal Ministry of Industry, Trade, and Investment in Nigeria.
Specifically, a trademark in Nigeria can be name, slogan, shape, and other forms according to Nigeria law.
Necessary documents for trademark registration in Nigeria
Necessary documents for trademark registration in Nigeria include:
- Logo (may include Words and/or Device);
- Detailed information of the applicant (name, address, nationality, etc.);
- List of goods and/or services;
- Power of Attorney (POA);
- Other necessary documents.
The procedure of trademark registration in Nigeria
Trademark search
Before conducting a trademark registration in Nigeria, the applicant should consider performing a trademark search.
A trademark search is optional, but it is an essential step if the applicant wants to increase his or her success rate of trademark registration.
Not only help the applicant reduce risks and save time and effort when registering a trademark, but the results of the trademark search also help the applicant to assess the protectability of the intended trademark and then decide on the plan and strategy to proceed with the next trademark registration.
File the trademark application
After the trademark search (optional), the applicant may submit the application to the Trademarks, Patents and Designs Registry, Commercial Law Department of the Federal Ministry of Industry, Trade, and Investment in Nigeria.
After receiving the trademark application, the Registry will accept the application and conduct a careful examination of the application.
Publication of the trademark and the opposition period
If there are no errors detected in the application, the Registry will send an Acceptance Letter to the applicant and publish the application in the trademark journal.
After publication, there will be a 2 months period in which any third parties may file an opposition to the registration of the mark.
If there is no opposition to the trademark registration, or opposition has been made and successfully resolved in favor of the applicant, the Certificate of Registration will be issued to the applicant.
Nonetheless, after successful trademark registration, if any other third parties successfully challenge the mark, the Registrar will issue a letter of refusal to the applicant.
The issued trademark certificate in Nigeria lasts for 7 years at first instance. The subsequent renewals are valid for 14 years.
You can see a list of Nigeria IP firms here.