How To Register A Trademark In Nigeria
Trademark registration is a crucial step for small businesses. Before naming or re-naming a business, or launching new products or services, adequate research should be conducted to ensure that no existing trademarks are infringed upon. Ignorance of the law is not an excuse, and violating someone’s trademark can land a business in legal trouble.
Once due diligence has been carried out, and it has been established that a trademark is available, it is advisable to register it to ensure legal protection. A trademark is a recognizable name, design, symbol, slogan, domain name, shape, colour, or sound legally registered to distinguish a product or entity from others.
Trademark registration is done with the Trademarks, Patents, and Designs Registry Commercial Law Department of the Ministry of Industry, Trade, and Investment in Nigeria. Unlike company registration, which is done with the Corporate Affairs Commission, trademark registration legally protects a trademark from use by a competitor and gives the owner the right to use it exclusively.
To register a trademark, a lawyer or agent with the trademark or description of a symbol, logo, or design to be registered must be engaged. The agent will file and process applications at the Nigerian Registry of Trademarks, Patents, Designs, and Copyright. A Power of Attorney or Authorization of Agent Form will be completed in favour of the lawyer or agent as the enabling instrument to act for the principal or applicant.
After applying, the Registrar issues an official acknowledgement reflecting the official number and filing date of the application. A search is conducted to confirm that the trademark is different from existing or pending registrations. If the Registrar finds the trademark acceptable for registration, the applicant will be furnished with a letter or notice of acceptance.
It is important to note that different payments are to be made at this stage for search and application processing. Every trademark application must be advertised in the Nigerian Trademark Journal and is open to opposition for two months from the date of advertisement.
If no objections are received within the specified period, the Registrar will issue the applicant with a certificate of registration. However, if any other person or entity successfully challenges the applicant in opposing a trademark registration, the Registrar will issue a letter of refusal to the applicant.
The registration certificate indicates the evidence of due registration and completion of all processes and confers a right on the proprietor or owner to use the trademark to the exclusion of every other entity. Trademark registration has an initial validity of seven years and is thereafter indefinitely renewable for periods of fourteen years. A renewal application should be made not less than three months from the due date.
It is essential to note that a trademark can be registered either plainly (black and white) or in colour. However, if a trademark is coloured, the protection afforded is limited to that colour only. If it is plain, registration affords protection to all elements of the trademark.
For further enquiries on how to register a trademark in Nigeria, please kindly reach Veraz Advocates via info@verazadvocates.com.ng
