Trademark registration in Nigeria is quite a straight forward process besides the slightly longer timelines. In this short article, we outline the key steps that are part of  the process of trademark registration:

The first step of trademark registration in Nigeria is to conduct an availability search on the intended name or logo in the relevant class. It is pertinent to confirm if the intended mark conflicts with an existing trademark. In most cases, it helps with the acceptance of the mark and a minimum chance of it being opposed after the mark is published in the Trademark Journal. It helps a trademark attorney or applicant preempt the possible outcome of the trademark registration before filing.

After a positive outcome and confirmation of the search report by your Trademark Attorney, the mark is filed on the attorney’s certified trademark portal.  Details, such as the trademark class, the type of mark (word or device/logo or both), and the details of the Applicant are required for trademark filing. Upon filing, the trademark acknowledgment form containing the details of the trademark and the trademark application number is issued.  Trademarks are filed based on class.

At this stage, an examiner reviews the mark to ascertain whether the mark is registrable. The examiner confirms the distinctiveness of the mark in line with Section 9 of the Trade Mark Act. An examiner also reviews whether the mark is scandalous or deceptive, identical to an existing mark, capable of causing confusion and whether the mark forms part of restricted names.

Upon the satisfaction of the registrability of the mark, the examiner issues a Trademark Acceptance Letter. This means that the mark has been accepted for registration and use subject to any opposition.

At this stage, the Trademark Registrar compiles all accepted trademarks and randomly publishes them in the official trademark journal. This publication is a call for objection to the registration of the mark from the public.

A third party may file a notice of opposition objecting to the registration of the trademark within 2 months from the date of publication of the trademark in the journal. Notice of opposition must be based on reasonable grounds. The grounds of opposition may include that the subject mark is:

·       Confusing or similar to a registered mark;

·       Identical to a registered trademark;

·       Deceptive or scandalous;

·       Contains names of chemical substances, use of the Coat of Arms of Nigeria, use of any emblem or title such as President or Governor without appropriate authorization;

·       Contains geographical names;

·       Contains some restricted words and/or symbols;

·       Devoid of distinctive character;

Opposition can also be raised on the basis that:

·       The applicant of the trademark has no intention to use it;

·       The applicant is not the true owner entitled to register the trademark.

Where there is no opposition within the opposition window or the opposition outcome is unsuccessful the applicant would thereafter apply for the issuance of trademark certificate.

The registration of a trademark is not an end to trademark protection. In Nigeria, a trademark has a lifespan of 7 years from the date of filing. Subsequently, the mark is renewed for every 14 years.

As IP-certified attorneys, we are available to provide any IP assistance you may require in Nigeria through the AfricanLaw platform.