Trademarks have grown in importance as one of the most valuable intangible assets of any company throughout the years. Trademarks are important in branding because they provide businesses and their products a distinct identity. The requirements and procedures for trademark registration in Nigeria will be discussed in today’s post.
What is the definition of a trademark in Nigeria?
A trademark is a mark or a set of marks that is used to identify the goods or services supplied by a business from those offered by other businesses. In the commercial sector, trademarks are essential because they serve as indications of the origin and quality of goods and services. They also allow businesses to differentiate their products from those of their competitors.
When a trademark is registered, it grants the owner exclusive rights to use, sell, and/or license the trademark. A trademark can be a name, a signature, a logo, a phrase, a letter, a device, a number, or a combination of these.
Trademarks that can be registered in Nigeria
The distinctiveness of a trademark is an important factor for trademark registration in Nigeria. Trademarks that are deceptive, scandalous, or identical to a trademark that has already been registered in Nigeria for the same products or services are not eligible for registration. The procedure for registering a trademark is as follows:
In Nigeria, trademarks are registered with the Federal Ministry of Industry, Trade, and Investment’s Trademarks, Patents, and Designs Registry (“Registry”). Through a power of attorney in the appropriate form, an applicant must appoint an authorized agent to perform the registration on his behalf. The following is a summary of the trademark registration process:
Conduct an availability search
To determine if the mark is registered under the appropriate class, the authorized agent must execute an availability search at the Registry. The authorized agent can proceed to register the trademark if it is not in conflict with any other trademarks in the relevant class.
Application-acknowledgment
Following confirmation of the trademark’s availability, the authorized agent must complete the necessary statutory application form, which includes the owner’s personal information as well as the name and/or specimen of the logo or mark that the applicant wants to register. The Registry will provide an Acknowledgement Form to the authorized agent confirming receipt of the application after submission of the application form and payment of the appropriate fees.
The trademark will be evaluated by the Registry after it has been acknowledged to validate its uniqueness and to verify that it is not in conflict with any existing registered trademark. The Registry will issue an Acceptance Form if the trademark is considered appropriate.
Publication of the Trademark
The trademark application will be published in the Trademarks Journal when the Registry issues the Acceptance Form. The publishing serves as a public notice to any interested parties who may have objections about the trademark’s registration. Any individual who has an objection to the trademark’s registration must file it with the Registry within two months after its publication; and
Issuance of a Registration Certificate
The Registry will issue a Certificate of Registration to the applicant if no objections to the trademark registration are lodged, or if an objection is withdrawn or overruled.
It’s crucial to remember that trademark registration is only valid for 7 years at the first instance, and then it’s renewed every 14 years after that.
Many businesses are currently subjected to counterfeiting, imitation, and other types of infringement. While trademark registration alone is not sufficient to prevent this, businesses are urged to do so since registration gives registered holders the right to protect their trademarks against others.