Current Procedure For Trademark Registration In Nigeria – Trademark

A trademark is a form of intellectual property that is used to
distinguish the goods or services of one business from those of
another. A trademark can take many forms, including a logo, a word
or phrase, a slogan, a sound, or even a color. In essence, a
trademark serves as a symbol that identifies the source of a
particular product or service.

Purpose of a Trademark

The primary purpose of a trademark is to protect a
business’s brand and prevent confusion in the marketplace. By
establishing a unique trademark, a business can distinguish its
products or services from those of its competitors. This
distinction can be critical in building brand recognition and
customer loyalty.

Registration of Trademark in Nigeria

The trademark is registered through the Trademarks, Patents and
Designs Registry, Commercial Law Department of the Ministry of
Trade and Investment. Before making the application, the trademark
must be searched at the appropriate class to check whether it is
not in conflict with any existing mark.

Trademark Classification

The NICE classification is an international system used to
classify goods and services for the purposes of trademark
registration. It was established by the Nice Agreement in 1957 and
is currently maintained by the World Intellectual Property
Organization (WIPO).

The NICE classification consists of 45 classes, with classes
1-34 covering goods and classes 35-45 covering services. Each class
represents a specific category of goods or services, and trademarks
are registered for specific classes based on the goods or services
that they are intended to be used for.

The 45 classes of the NICE classification are:

The NICE classification system is used by many countries around
the world, including Nigeria, to classify and register trademarks
for specific goods and services. It provides a standardized
framework for trademark registration and helps to ensure
consistency and clarity in the registration process.

Steps for Trademark Registration in Nigeria

In Nigeria, the procedure for trademark registration involves
several steps, which are:

• Conduct a search: Before applying for a
  trademark registration, it is important to conduct a search to
  ensure that the proposed trademark does not infringe on any
  existing trademarks. This can be done by searching the Nigerian
  Trademarks Registry files. Currently, a trademark search cannot be
  conducted online in Nigeria, the search must be manually conducted
  at the registry.




• File an application: Once the search has been
  conducted and the proposed trademark is deemed available, an
  application can be filed with the Trademarks Registry. The
  application should include the name, address, and nationality of
  the applicant, a clear representation of the trademark, and the
  goods or services for which the trademark will be used.




• Examination: After filing the application, the
  Trademarks Registry will examine the application to ensure that it
  complies with the relevant laws and regulations. If there are any
  issues, the Registry may issue an objection or request for
  additional information.




• Publication: Once the application has been
  accepted, it will be published in the Trademarks Journal. This
  allows interested parties to oppose the registration if they
  believe that the trademark infringes on their rights.




• Opposition: If an opposition is filed, the
  Trademarks Registry will investigate the matter and may hold a
  hearing to determine whether the opposition is valid. A valid
  opposition must be filed within two months after the publication of
  the trademark




• Issuance of certificate: If there are no
  oppositions, or if the oppositions have been resolved in favor of
  the applicant, the Trademarks Registry will issue a certificate of
  registration.

The process of trademark registration in Nigeria usually takes
between 12 to 24 months, depending on various factors such as the
number of objections and oppositions filed. It is recommended to
seek the advice of a legal professional experienced in Nigerian
trademark law to ensure that the application is filed correctly and
to minimize the risk of objections or oppositions.

Current Development on Trademark Applications

Currently, the trademark applications in Nigeria can now be
filed online, however, the search can only still be done manually,
as the past trademarks issued in Nigeria are not yet fully uploaded
online, making it impossible for a successful search to be
conducted online. Once the trademark has been accepted or
registered, the registration acceptance can be downloaded or
printed online via the agent’s portal. Although the
certificates can be paid for online after the successful
publications, but the issuance of the certificates still require
additional processing at the registry.

Trademark Infringement

Trademark infringement occurs when another party uses a
registered trademark without permission. In cases of infringement,
a trademark owner can take legal action to protect their trademark
rights. Remedies for trademark infringement can include injunctive
relief, damages, and the seizure of infringing goods.

Conclusion

In conclusion, trademarks are a critical aspect of branding and
are essential to the success of any business. By establishing a
unique trademark, businesses can protect their intellectual
property and distinguish their products or services from those of
their competitors.

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.

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