Nigeria

Trademark registration Nigeria - In Nigeria the legal basis is the Trade Marks Act CAP T13 Laws of the Federation of Nigeria 2004. Trademark protection is obtained by registration.

Requirements

A trademark application has to be filed before the Trademarks Registry by an accredited local agent. A non-legalized power of attorney (on a prescribed form) is sufficient authority for the agent to act on behalf of the applicant. Foreign applicants do not need a domestic registration. Preliminary Search: Prior to applying to register a trademark, an applicant can opt to carry out a preliminary search for the availability of the proposed mark (This is not compulsory)

Procedure

Once the agent files the application, the Registrar issues the applicant with an official receipt and an ‘ Acknowledgement’ containing a filing number and the date of filing. The application process includes a formal examination to ensure the mark is not deceptive, illegal or immoral, an examination of distinctiveness, and a search for the availability of the proposed trademark. If the application is deemed acceptable, the Registrar issues a formal 'Letter/Notice of Acceptance'. Before registration, the trademark application is published in the Nigerian Trademark Journal, and any opposition shall be made within 2 months from the publication of the trademark . Provided no objections are raised or sustained within the specified opposition period, the Registrar will issue the applicant with a Certificate of Registration, which is dated from the date of filing. Provided the applicant is working with a diligent local agent; the whole process takes approximately 12 to 24 months, from first filing to registration.

Duration

A trademark registration in Nigeria is valid for 7 years and starts with registration date. The registration is perpetually renewable for periods of 14 years.

Methods

NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

Extra

Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation. Licensing and Assignments of trademarks are also permitted.