

Trademark registration in Nigeria has become a trending topic in recent years due to sustained interest by businesses, brands and individuals in protecting their names, identity and distinguishing their goods and services from that of others. This article is a comprehensive guide into trademarks applications in Nigeria. Companies have noted the importance of all-round brand protection, a commendable attribute.
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A Trademark is a distinctive sign or mark that is used in relation to goods and services which helps to distinguish the products and services of one entity from that of another entity.
The laws that governs Trademarks in Nigeria are:
Trademarks can be easily registered in Nigeria so that owners of Marks can easily distinguish their goods and services from that of competitors and also adequately protect their brand image from unauthorized use.
Classes of Trademarks in Nigeria
Marks are considered registrable in Nigeria if they contain these essential particulars:
There are certain Marks which are classified as unregistrable and these include:
Trademarks cannot enjoy global protection as they are territorial in nature; granted on a country-by-country basis. Thus, Trademarks registered in Nigeria enjoy protection only in Nigeria and vice versa. There are however, systems and Protocols that allow for an applicant/trademarks owner to enjoy protection of their registered Mark in more than one territory. An example is the Madrid System, administered by the World Intellectual Property Organization [WIPO]. Nigeria is not a party to the Madrid System, though, since the country is yet to accede to the Madrid Protocol.
The Nigerian Government agency responsible for Trademark Registration in Nigeria is the Trademarks, Patents and Design Registry; Commercial Law Department, Ministry of Trade and Investments, Abuja, Nigeria. The agency is under the leadership of the Registrar of Trademarks who is responsible for approving registrations and otherwise.
The cost of registration of Trademarks in Nigeria asides the official fees payable to the Trademarks Registry for official filings is largely dependent on the accredited Trademark Agent or legal practitioner(s) handling your application Brief. Be that as it may, the overall cost payable is around $600 to $1000USD, depending on the agent/legal practitioner handling the brief.
There are numerous steps to be taken in order to obtain trademark registration for a mark from point of application to grant, all of which are outlined below:
A fresh Trademark application process from point of application to approval, to publication and entry of a Trademark in the Register of Trademarks will take on average, a period of six months to twelve months; that is for applications that are unopposed. In instances where an application is opposed, the registration process may take longer period, even if the application is subsequently refused by the Registrar.
An individual/applicant cannot personally apply for Trademark registration in Nigeria. The Registry requires an applicant to file their Trademark application through an authorized agent or legal practitioner and the applicant is to show evidence of compliance through the [non-notarized] Power of Attorney donated to the authorized Agent or Trademark Attorney for their application for Trademark Registration in Nigeria.
There is no specific, set duration for trademark applications in Nigeria. Generally, the duration of a trademark application for registration from search to issuance of certificate and publication takes a period of around six to twelve months; and this is in cases where the trademark application for registration is an unopposed application. In instances where an application is opposed, the application opposition phase will elongate the process, and, in cases where successfully opposed, the application will be refused.
A Trademark owner can choose to assign their registered Trademark to another entity or persons; said Trademark can also be transmitted. Once done, an assignee and the registered proprietor of the Trademark can make a joint application to the Registrar to register the interest of the Assignee in the Mark for Recording in the Register. This is not mandatory, though, as the assignee can, on their own, make an application to the Registrar to register their interest in the Trademark.
No, it cannot. Each Trademark filing covers protection in only one class out of the forty-five classes which it was filed for and the trademark protection is extended only to the products or services covered under that class. If a Trademark owner in Nigeria is desirous of having one Trademark cover more than one class, or at least multiple classes, then they have to file for additional classes for the additional products or services they want their Trademark to cover in each class.
A Trademark applicant has the choice to make their application for trademark protection of their goods or service marks either in specified colour or in black-and-white. However, it should be noted that if filed for in colour, then the Trademark protection will only cover the specific colour combination/arrangement for the set of colours in the mark they filed for and they are thus limited to the specified colours. Conversely, if filed for in black-and-white, then the trademark protection will cover all colours for that mark as same is deemed registered without limitation. In other words, it is always better to make a Trademark application in black-and-white as opposed to colour. There are no restrictions, though. An applicant can file for coloured marks if they so wish.
When a Trademark is registered in Nigeria and a certificate of registration issued in respect of same, then that Trademark has a lifespan of seven years from the date of registration. It is however renewable for every fourteen years thereafter, and the Trademarks owner can so renew the Trademark for another period of fourteen years from the expiration of the original duration of seven years of protection if the Trademark owner so wishes.
Where a trademark owner becomes aware of an infringement of their registered Trademark or aware of a potential infringement of their trademark, such owner can take the following actions:
If you would like additional information on trademarks in Nigeria, or you are interested in registering a trademark in Nigeria, we invite you to contact our Trademarks department on contact@kabbizlegal.com Kabbiz Legal & Advisory is a specialist law firm in Nigeria dedicated to Intellectual Property and related practice areas.
To learn more about our overall Intellectual Property practice which includes our Trademarks, Patents and IP Licensing practices, we invite you to download our IP Brochure by clicking here.
If you wish to learn more about trademarks and other intellectual property-related areas in Nigeria, you can listen to our podcast here or visit our YouTube channel here.