How To Register A Trademark In Nigeria

What is a Trademark?

A trademark is a sign capable of distinguishing the appurtenances or services of one business from those of other businesses. Trademarks are protected past intellectual property rights nether the laws of a given nation.

What is the purpose of Trademarks?

Trademarks serve equally indications of origin and quality.

They represent the "goodwill" or reputation a business concern and its products/services enjoys with the public.

Wherein, businesses rely on their marks to identify their products and services and distinguish them from those of their competitors. The public relies on marks to distinguish among competing producers and as guarantees of quality.

What can exist Trademarked?

Some of the items that can be registered every bit trademark will include name, slogan, domain name, shape, colour and logo.

Life cycle of a Trademark

C reation – Choosing a trademark or service marker
S creening and C learance – Making certain the proposed mark is bachelor
P rotection – Seeking protection, country-by-country
Maintenance – Renewing trademark registrations

The trademark registration in Nigeria as provided for by Merchandise Marking Deed LFN 1990 is one important way to protect and distinguish someone's merchandise symbols in Nigeria. All individuals or entrepreneurs or companies should strive at all times to protect their business' identities past registering unique symbols or trademarks of the business. Registering a trademark in Nigeria is the but fashion to protect a unique make in the market place.

Trademark registration in Nigeria gives the owner the correct to apply such registration to exclude others from violating or willfully copying or usage past a third party without consent. A registered owner of a trademark may institute an action in court to block whatsoever infringements or unauthorized apply of their trademarks.

How to Annals a Trademark in Nigeria

Trademarks are ordinarily registered through the Trademarks, Patents and Designs Registry, Commercial Law Department of the Federal Ministry of Industry, Trade and Investment in Nigeria.

Stages of Registration

There are three major stages involved in trademark registration. They include;

Application for an particular to be trademarked is made to the Registry and a search is conducted for availability check of such a mark to be registered. An acknowledgement letter is issued to the applicant.
Upon successful search, an acceptance letter of the alphabet is issued to the Bidder and such letter is an initial evidence that the Trademark has been duly registered.
Following the acceptance of the registration, the Trademark is beingness published on a Trademark Journal (this is to afford anyone with a pre-existing trademarks to oppose the Registrar to finish registration. Such opposition must exist fabricated within two months of the publication. In the absence of any opposition, to the publication in the journal, or opposition has been made and successfully resolved in favour of the bidder, the Certificate of Registration will be issued for the trademark sought.The Document indicates the evidence of due registration and completion of all processes. It confers a right on the proprietor or the owner to utilise the trademark to the exclusion of every other entity.

It is notwithstanding important to note that where any other person or entity successfully challenged the applicant in opposing a trademark registration, the Registrar will issue a letter of refusal to the bidder.

What are the Requirements for Trademark Registration in Nigeria?

Applicant's details (I.eastward, Name of Visitor, Individual or House)
Contact detailsof the bidder
Power of attorney appointing the trademark agent. (nosotros volition typhoon this and forward to you for execution)
A copy of device, logo, word or words proposed for trademarking.
Company seal or individual signature (as the case maybe).

Lifespan and Renewal of Trademark in Nigeria

Trademark subsists for a catamenia 7 years and can exist renewed upon expiration.. Every subsequent renewal lasts for xiv years. The requirements for a trademark renewal are as follows:

Trademark Document
Power of Chaser appointing the amanuensis and
Payment of the prescribed fee

Assignments and Recordings in Nigeria

A trademark titleholder may assign such trademark to some other person or entity for usage within a period of fourth dimension. An Assignee or Assignor of the trademark correct may apply to the trademark office for the recording of such championship or right in favour of the Assignee. However, it preferably convenient for the Assignee to conduct out the recording itself or himself/herself, owing to the fact that only the holder of a trademark title or correct may enforce such aright against any infringing 3rd political party.

The requirements for trademark recording are every bit follows:

Trademark Certificate
Deed or Agreement assigning the trademark
Power of Attorney appointing the agent and
Payment of the prescribed fee

What are the available Classes of Trademark in Nigeria?

The trademark registration is classified into 45 dissimilar categories in accordance with the Dainty international system of classification of the Nice Understanding 1957 (amended September, 28 1979) . Information technology is of import for every applicant to understand the classes the registering trademark belongs to or closely align with. However, a trademark may be registered in more one class where the bidder is seeking protection in both classes. And where applicant seeking protection in multiple classes, dissever filing fees must exist paid for each of the classes.

Listing of Trademark Classes is as follows;

Course 1: Chemicals used in industry, science and photography, likewise as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; unprocessed plastics in the form of liquids, fries or granules.

Class ii : Paints, varnishes, lacquers; preservatives confronting rust and confronting deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class three: Bleaching preparations and other substances for laundry utilize; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, pilus lotions; dentifrices.

Course 4: Industrial oils and greases; lubricants; dust absorbing, wetting and bounden compositions; fuels and illuminants; candles and wicks for lighting; flammable fuels, electricity and scented candles.

Class 5: Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinarian use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Grade six : Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of mutual metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; appurtenances of mutual metallic non included in other classes; ores; unwrought and partly wrought common metals; metal windows and doors; metal framed conservatories.

Class seven: Machines and automobile tools; motors and engines (except for country vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than mitt-operated; incubators for eggs; automated vending machines.

Class 8: Manus tools and hand operated implements; cutlery; side arms; razors; electrical razors and pilus cutters.

Form 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; meaty discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, information processing equipment, computers; computer software; fire-extinguishing apparatus.

Grade 10: Surgical, medical, dental and veterinary appliance and instruments, artificial limbs, optics and teeth; orthopaedic articles; suture materials; sex aids; massage apparatus; supportive bandages; furniture adapted for medical use.

Class eleven: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, h2o supply and sanitary purposes; air conditioning apparatus; electric kettles; gas and electric cookers; vehicle lights and vehicle air-conditioning units.

Class 12: Vehicles; apparatus for locomotion past state, air or h2o; wheelchairs; motors and engines for land vehicles; vehicle body parts and transmissions.

Form 13: Firearms; ammunition and projectiles, explosives; fireworks.

Class fourteen : Precious metals and their alloys; jewellery, costume jewellery, precious stones; horological and chronometric instruments, clocks and watches.

Class xv: Musical instruments; stands and cases adapted for musical instruments.

Class xvi: Paper, paper-thin and goods fabricated from these materials, not included in other classes; printed matter; bookbinding material; photographs; jotter; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and role requisites (except furniture); instructional and pedagogy material (except apparatus); plastic materials for packaging (non included in other classes); printers' type; press blocks.

Course 17: Rubber, gutta-percha, glue, asbestos, mica and goods made from these materials; plastics in extruded form for utilize in industry; semi-finished plastics materials for use in farther manufacture; stopping and insulating materials; flexible not-metallic pipes.

Class 18: Leather and imitations of leather; creature skins, hides; trunks and travelling bags; handbags, rucksacks, purses; umbrellas, parasols and walking sticks; whips, harness and saddlery; clothing for animals.

Form 19 : Not-metallic building materials; non-metal rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; non-metal monuments; non-metal framed conservatories, doors and windows.

Class 20: Furniture, mirrors, picture frames; articles fabricated of wood, cork, reed, cane, wicker, horn, os, ivory, whalebone, trounce, bister, mother-of-pearl, meerschaum or plastic which are non included in other classes; garden furniture; pillows and cushions.

Class 21: Household or kitchen utensils and containers; combs and sponges; brushes; brush-making materials; articles for cleaning purposes; steel wool; manufactures made of ceramics, glass, porcelain or earthenware which are non included in other classes; electric and non-electric toothbrushes.

Form 22: Ropes, cord, nets, tents, awnings, tarpaulins, sails, sacks for transporting bulk materials; padding and stuffing materials which are not made of rubber or plastics; raw fibrous textile materials.

Form 23: Yarns and threads, for fabric use.

Class 24 : Textiles and textile goods; bed and tabular array covers; travellers' rugs, textiles for making manufactures of habiliment; duvets; covers for pillows, cushions or duvets.

Grade 25: Clothing, footwear, headgear.

Course 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; bogus flowers.

Grade 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-cloth); wallpaper.

Class 28: Games and playthings; playing cards; gymnastic and sporting articles; decorations for Christmas trees; childrens' toy bicycles.

Class 29: Meat, fish, poultry and game; meat extracts; preserved, stale and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and white potato crisps.

Class thirty: Coffee, tea, cocoa, sugar, rice, tapioca, sago, bogus coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; dearest, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; sandwiches; prepared meals; pizzas, pies and pasta dishes.

Course 31: Agricultural, horticultural and forestry products; alive animals; fresh fruits and vegetables, seeds, natural plants and flowers; foodstuffs for animals; malt; nutrient and beverages for animals.

Course 32: Beers; mineral and aerated waters; not-alcoholic drinks; fruit drinks and fruit juices; syrups for making beverages; shandy, de-alcoholised drinks, non-alcoholic beers and wines.

Class 33: Alcoholic wines; spirits and liqueurs; alcopops; alcoholic cocktails.

Form 34: Tobacco; smokers' manufactures; matches; lighters for smokers.

Services:

Class 35: Advertising; business organization management; business administration; role functions; electronic information storage; organisation, performance and supervision of loyalty and incentive schemes; ad services provided via the Internet; production of television and radio advertisements; accountancy; auctioneering; trade fairs; opinion polling; information processing; provision of concern information; retail services connected with the sale of goods.

Class 36: Insurance; financial services; real estate bureau services; building club services; cyberbanking; stockbroking; financial services provided via the Internet; issuing of tokens of value in relation to bonus and loyalty schemes; provision of financial information.

Course 37: Edifice construction; repair; installation services; installation, maintenance and repair of computer hardware; painting and decorating; cleaning services.

Class 38: Telecommunications services; chat room services; portal services; e-mail services; providing user admission to the Internet; radio and tv set broadcasting.

Class 39: Transport; packaging and storage of appurtenances; travel arrangement; distribution of electricity; travel information; provision of auto parking facilities.

Form 40: Treatment of materials; evolution, duplicating and printing of photographs; generation of electricity.

Grade 41: Education; providing of training; entertainment; sporting and cultural activities.

Class 42: Scientific and technological services and inquiry and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; computer programming; installation, maintenance and repair of computer software; computer consultancy services; design, cartoon and deputed writing for the compilation of websites; creating, maintaining and hosting the websites of others; design services.

Class 43: Services for providing nutrient and drink; temporary accommodation; restaurant, bar and catering services; provision of holiday accommodation; booking and reservation services for restaurants and vacation accommodation; retirement domicile services; creche services.

Class 44: Medical services; veterinary services; hygienic and beauty care for human being beings or animals; agriculture, horticulture and forestry services; dentistry services; medical analysis for the diagnosis and treatment of persons; pharmacy advice; garden design services.

Form 45: Legal services; conveyancing services; security services for the protection of property and individuals; social piece of work services; consultancy services relating to health and safety; consultancy services relating to personal appearance; provision of personal tarot readings; dating services; funeral services and undertaking services; fire-fighting services; detective agency services.

Have Discover that if a trademark is registered in a foreign country who is a member of a Convention to which Nigeria is also a member, the applicant in the foreign country shall have priority over other applicants to register the mark in Nigeria, provided the trademark is registered in Nigeria inside 6 months from the date of registration in the strange state. Still, if in the course of registration of the trademark in Nigeria, information technology is discovered that some other company has already registered the trademark or any marking or proper noun close to information technology , the subsequent applicant may apply to the Trademark Registrar or institute an action at the Trademark Tribunal for the mark to be struck out in the name of that visitor and registered in the proper name of the subsequent applicant on the grounds that the subsequent applicant has long transacted concern with the marker and is known all over the world by the mark.

How long does the process take?

Acknowledgment letter – 24 hours from submission
Acceptance Letter: 4-six weeks from submission

Publication in Trademark Periodical: 32 weeks from Acceptance Letter stage

Grant of Certificate: 12 weeks from publication

In determination, a Trademark in Nigeria may exist registered either plainly (black and white) or in color. However, where a trademark is registered in colour, the protection afforded is limited to the color(s) registered. On the other manus, a plain (blackness and white) registration affords protection to all colours of presentation of the trademark.

What the adjacent footstep?

If you would similar to annals a Trademark in Nigeria, you may detect out more by contacting us.

info@manifieldsolicitors.com

mu.unanaowo@manifieldsolicitors.com