Trademark Filling Procedure

A trademark in line with section 67 of the trademark act is, except in relation to a certification trade mark, a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person, and means, in relation to a certification trade mark, a mark registered or deemed to have been registered under section 43 of the trademark Act;

You can register your trademark at the trademark registry, Ministry of industry, Trade and Investment, Abuja Nigeria. The trademark must be distinctive for the goods and services that you provide, not be deceptive, illegal or immoral and not be similar to existing trademarks.

A trademark grants exclusive right to the owner to use in relation to the goods or service registered. a trademark right is granted in perpetuity subject to renewals.

In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade

REQUIREMENTS FOR FILING NIGERIAN TRADEMARK APPLICATIONS

Applicant’s details

The full name(s), physical address of the applicant, nationality, email address and phone number (to be advised to local Agent/Attorney)

The trademark Information

Trademark representation to be provided and must be visible, clear and distinct. If to be filed online, soft copies are to be provided in jpeg format at a minimum of 1200 dpi.

A representation is preferred to have the following dimensions: 120px by 100px (length by breath

Classification of goods and services

The range of goods covered or proposed to be covered by the trademark must be provided. Nigeria presently follows the Nice International Classification of Goods. A separate application is filed for each class of goods or service for which the trademark is to be registered

Power of Attorney/Authorization of Agent

A Power of Attorney duly executed, with full particulars of name(s), address (es) and nationality of the applicant(s). Full name(s) and capacity of the signatory if, applicant is a firm/company to be given to local attorney/agent and must be filed alongside the trademark application

PROCEDURE FOR REGISTRATION OF TRADE MARKS

The practice is to instruct a local Attorney/Agent in Nigeria if applicant is foreign, who would file and process applications at the Nigerian Trademark Registry. A Power of Attorney/Authorization of Agent Form would be completed in favour of such local Agent, as the enabling instrument to act for the principal/ Applicant. Thereafter, all official documents and forms would be submitted by the local Agent/Attorney. Until replaced or substituted by another local Agent, the initial local Agent remains responsible for processing registrations of the trademarks, defending Oppositions (if any), provides address for local service of documents, and apply and process the renewals of the trademarks. A local Agent/Attorney may be replaced or substituted by executing another Power of Attorney/Authorization of Agent Form in favour of the succeeding Agent. NO formal notices are necessary and the Agent with the more recent Authorization is deemed to be the one with powers to act thenceforth.

After filing the application for trademark, the Registrar issues an official acknowledgement letter reflecting the official number and filing date of the application and other vital information about the proposed trademark. A search is conducted from existing and pending registrations to confirm if the mark is available. The Registrar examines the application for registrability taking into consideration possible conflicts with prior registered or pending marks and inherent registrability of the mark. If the Registrar finds the trademark acceptable for registration, the applicant will be furnished with a letter/notice of acceptance.

Every trademark application issued with acceptance letter must be advertised in the Nigerian Trademark Journal, and is open to opposition for a period of two (2) months from the date of advertisement.

If no opposition/objection is made within the specified two-month period or in the case where the application is opposed, the opposition fails, the applicant will proceed to apply and pay the prescribed fees for registration certificate. Registrar will issue the applicant with a certificate of registration after due process.

Trademark registrations have an initial validity of seven (7) years, and are thereafter renewable every fourteen (14) years indefinitely. An application for renewal should be made not less than three (3) months before the expiration of the last renewal.

A trademark may be registered either plainly (black and white) or in colour. However, where a trademark is registered in colour, the protection afforded the Mark is limited to the colour(s) registered. On the other hand, a plain (viz. black and white) registration affords protection to all colours of presentation of the trademark.

ELECTRONIC FILING IN NIGERIA

The Electronic Filing Method is Convenient as you can file from the comfort of your location. Applicants will automatically get their electronic acknowledgement notice on the same day of payment. Payments can now be made via Quickteller.com using Debit/credit cards. Applicants however must obtain Pre-generated Invoices obtainable through a Platform created for Local Agents in Nigeria.

One of the Benefits of Electronic filing is the Check Status module. You can track your applications online using your online application ID provided on your Acknowledgment letter.

Electronic Filing is encouraged as it is in line with best practices around the world.