Trademark Registration in Nigeria

Trademark registration in Nigeria is handled by the Trademarks, Patents, and Designs Registry, which operates under the Federal Ministry of Industry, Trade, and Investment. Registering a trademark grants you the exclusive right to use your mark for your goods and services, offering legal protection against unauthorized use.

Here’s a step-by-step guide to trademark registration in Nigeria:

Step 1: Conduct a Trademark Search
Purpose: To ensure your proposed trademark is unique and not identical or similar to existing trademarks.

How to Conduct the Search: Submit a request to the Trademarks Registry, either directly or through a trademark agent, to search the existing database.
Outcome: If your mark is found to be unique, you can proceed with registration.

Step 2: Filing the Trademark Application

Where to File: Submit your application to the Trademarks Registry, either in person, via a trademark agent, or online through the official CAC portal.
Documents Required:
A clear representation of the trademark (logo, name, symbol, or combination).
Applicant's details (name, address, nationality).
Power of Attorney (if using an agent) – no notarization required.
A list of goods or services associated with the trademark, categorized according to the Nice Classification.


Step 3: Examination of the Application

The Trademarks Registry examines your application for compliance with legal requirements, ensuring that the mark is distinctive and not misleading.

This stage involves a review of existing trademarks to identify any potential conflicts.


Step 4: Publication in the Trademarks Journal
If your application passes the examination stage, your trademark is published in the Trademarks Journal for 60 days.
Public Opposition Period: During this time, third parties can oppose your application if they believe your trademark conflicts with theirs. If no opposition arises, the process moves to the next stage.

Step 5: Issuance of the Trademark Certificate

If there is no opposition or if any opposition is resolved in your favor, the Trademarks Registry will issue a Certificate of Registration.
Validity: The trademark is initially valid for 7 years and can be renewed indefinitely every 14 years.

Important Considerations
Classification:

Nigeria follows the Nice Classification, which has 45 classes of goods and services. You need to identify the class or classes that apply to your trademark.
Use of Agents: Engaging a registered trademark agent or an intellectual property lawyer is advisable for a smoother process.
International Protection: Although registering in Nigeria provides protection within the country, you’ll need separate registrations for international protection unless you utilize the Madrid Protocol, to which Nigeria is a member.

Cost of Registration
The cost varies depending on the complexity and the use of an agent, but it generally includes official fees for the search, application, publication, and certificate issuance.

Benefits of Trademark Registration

Exclusive Rights: Grants the owner exclusive use of the trademark for the registered goods/services.

Legal Protection: Provides a legal basis for taking action against infringement.

Brand Recognition: Establishes your brand’s identity and distinguishes your products/services from competitors.

By following this guide, you can effectively register your trademark in Nigeria and protect your brand identity.

For more detailed information, you may visit the Trademarks, Patents, and Designs Registry website