Registering a trademark is a vital step for any business or individual seeking to protect their brand identity and ensure exclusive rights to their products or services. In Nigeria, the process of registering a trademark is governed by the Nigerian Trademarks Act and administered by the Nigerian Trademark Registry. In this blog post, we will provide a comprehensive step-by-step guide on how to register a trademark in Nigeria.
Step 1:
Conduct a Trademark Search Before initiating the registration process, it is crucial to conduct a thorough search to ensure that your proposed trademark is unique and not already registered by another party. This step helps you avoid potential conflicts or objections during the registration process. You can perform a search at the Nigerian Trademarks Registry or seek the assistance of a trademark agent or lawyer.
Step 2:
Prepare the Required Documents To register a trademark in Nigeria, you will need to gather the following documents:
- Completed Trademark Application Form: Obtain and fill the appropriate application form, which can be obtained from the Nigerian Trademarks Registry or downloaded from their official website.
- Trademark Representation: Prepare a clear representation of your trademark, which can be in the form of a logo, word, phrase, or combination thereof. Ensure that the representation accurately reflects the mark you wish to register.
- Power of Attorney: If you choose to engage a trademark agent or lawyer to handle the registration process on your behalf, a power of attorney authorizing them to act on your behalf will be required.
Step 3:
Submit the Application Once you have gathered the necessary documents, you can submit your trademark application to the Nigerian Trademarks Registry. You can either submit it in person or send it by mail. Ensure that all the required information is correctly filled out, and the necessary supporting documents are attached.
Step 4:
Examination and Publication After submitting the application, the Nigerian Trademarks Registry will conduct an examination to determine if your trademark meets the registration requirements. If no objections are raised during the examination, your trademark will be published in the Trademarks Journal, which is an official publication of the Registry. The purpose of the publication is to allow for a 60-day window during which interested parties can raise objections or opposition to your trademark.
Step 5:
Registration and Issuance of Certificate If no opposition is filed within the 60-day period or any opposition is successfully resolved, the Nigerian Trademarks Registry will proceed with the registration process. You will then be issued a Certificate of Registration, confirming your exclusive rights to the trademark for the specified goods or services.
TRADEMARK REGISTRATION REQUIREMENTS
- Name and logo to be registered.
- Name and address of the owner (author).
- Class of Trademark.
- Email and Phone number.
- The cost is N150,000 {This covers the Acknowledgement and Acceptance letter, which suffices, pending the time the certificate itself is processed at an additional cost}
The Trademark registration takes approximately 2-3 weeks or less. Processing begins as soon as full payment is received.
Also, note that a refund attracts a 30% administrative charge when the process has not begun. We cannot make any refund if the process has begun.
Conclusion:
Registering a trademark in Nigeria provides valuable protection for your brand and establishes your ownership rights. By following the step-by-step guide outlined in this blog post, you can navigate the trademark registration process with confidence. Remember to conduct a thorough trademark search, prepare the required documents accurately, and comply with the guidelines set forth by the Nigerian Trademarks Act. If you encounter any challenges or require legal assistance, it is advisable to consult a trademark agent or lawyer with expertise in Nigerian trademark law.
If you need help registering a trademark in Nigeria, contact us now.