Trademark Registration 

For a product to stand out in a highly competitive business world, its brand name and other elements must be unique and different from others. These differentiating elements, such as logos, jingles, and packaging design, are what we refer to as trademarks. In the contemporary digital age, brands need to secure their brand.

So, whether you’re kickstarting a startup, overseeing an established business, or venturing into entrepreneurship as an individual, registering your trademark remains a crucial measure to ensure the uniqueness and distinctiveness of your products and services.

What is a Trademark?

A trademark encompasses words, symbols, designs, logos, or any identifiable feature linked to a specific brand and used to distinguish its competitors in the market. Trademarks can be owned by individuals, corporations, or legal entities, providing accessibility to a diverse range of entities and individuals. 

In Nigeria, trademark registration is provided under the Trade Marks Act LFN 1990. The government agency responsible for overseeing trademark registration is the Trademarks, Patents, and Designs Registry within the Commercial Law Department of the Federal Ministry of Industry, Trade, and Investment. Applicants submit their requests to the Registrar of Trademarks.

Why Should You Register Your Trademark?

Registering a trademark grants you several rights, including:

1. the ability to use the mark in connection with your goods or services.
2. It also gives you legal backing to legally challenge the unauthorized use of your mark.
3. Furthermore, you can sell or license the trademark as an asset and display the ® symbol to signify ownership and warn against unauthorized use.
4. Following a successful registration, your trademark remains valid for seven years from the filing date, and you can renew it. Each subsequent renewal extends the validity for 14 years.

Who can Apply for Trademark Registration in Nigeria?

Anyone

Under Nigerian law, one must go through the Trademarks, Patents, and Designs Registry under the Federal Ministry of Industry, Trade and Investment (“Registry”) to register trademarks. Only accredited individuals/companies can register trademarks. Therefore, new applicants must enlist the services of an accredited agent. This agent will manage the registration process on their behalf through a prescribed power of attorney.

Trademark Classification

Knowing your trademark class is crucial when registering a trademark because it determines the validity of your trademark registration.

Nigeria uses the NICE classification system as its framework for trademark registration. The NICE classification is a global system for categorizing goods and services in trademark registration. It comprises 45 classes, 1-34 for goods and 35-45 for services. Each class corresponds to a distinct category of goods or services, and trademarks are registered within specific classes according to the intended use for the associated goods or services.

Some popular classes in Nigeria include:

• Class 25 (Clothing, footwear, headgear): Given the diverse fashion and apparel industry.

• Class 35 (Advertising, business management, and office functions): As businesses engage in advertising and various management services.

• Class 41 (Education, providing training, entertainment, and cultural activities): Due to the significant presence of educational institutions and entertainment industries.

Trademark Search 

It is crucial to perform a thorough trademark search before registering your trademark. The search will help protect the integrity and exclusivity of your brand by identifying existing trademarks in the market and evaluating potential conflicts.

To conduct an online trademark search, you must submit your brand name and the relevant class for examination.

Required Documents & Details for Online Trademark Registration

To initiate the trademark registration process in Nigeria, you will need to provide the following details:

• Applicant’s Name: The name of the applicant. 

• Trademark Information: This comprises the brand name, logo, slogan and any other information you intend to trademark. 

• The goods that you intend the trademark to cover. 

• Power of Attorney/ Authorization Agent.

Trademark Registration Process In Nigeria 

There are four stages to go through when registering a trademark. These stages are as follows: 

Search for Availability

This involves checking whether there are registered marks similar to the one you proposed. The results will determine if your proposed mark is eligible for registration.

Trademark Application

If there are no conflicting marks, you can proceed with the registration application. The trademark registry will issue a Letter of Acceptance indicating preliminary approval. Following acceptance, the Trademarks Office will publish the mark in the Trademarks journal.

Application for Certificate

After the proposed mark is published in the Trademarks journal, there will be a 2-month window for parties to oppose the registration. If there’s no opposition within this period, you can apply to the Registrar for a Trademark Certificate.

Certificate Issuance

In the absence of objections, the Registrar will issue a certificate of registration to the applicant. The Registration Certificate will bear the initial filing date as the official registration date.

What are the differences between Trademark, Patents, and Copyrights?

The table below will help you understand how Copyrights, Trademarks and Patents differ.