If you are a business owner and you are thinking of growing big with your business and even turn it into a franchise in the future, then you will need to have a trademark and get it registered in Nigeria.
You must have seen big names like Mr. Biggs, Chicken Republic, and the likes of many, they all have trademarks and are registered in Nigeria.
A trademark is a symbol, letter, label, or any combination of letters, symbols, and label used by traders in the course of trade that differentiates the goods from which it is applied from other goods of similar descriptions.
It protects your symbols, signs, or distinctive names being used by another business owner or your competitors.
Registering your business with the Corporate Affairs commission-only protects the name of your company but registering for Trademarks protects your intellectual properties like logo, symbols, tagline that associates with your business.
That makes it hard for any company to use the tagline “Everywhere you go” because MTN Nigeria has trademarked it.
The extant law regulating the use of trademarks in Nigeria is the ‘Trade Marks Act’. It is always advisable to register the trademark to enforce the right.
The procedure for filing for trademark registration begins with a trademark search. The application for registration of a trademark may be registered on the ground that it is identical to an existing registered trademark.
This is done on the ground that is capable of deceiving the public and causing confusion to customers.
There will be an infringement of trademark if any other person uses an identical mark or symbol as the registered trademark.
The proprietor of the registered trademark can maintain an action in court either to restrain such infringement or claim damages and the delivery up of the goods bearing the mark.
Though the period of protection varies but can be renewed before the time limit by additional fees.
What is required to register a trademark in Nigeria?
- The trademark name
- Applicants Full Name And Physical Address
- Two passport photograph
- Certified Lawyer
- Form 1 ( Letters of power of Attorney/Authorization)
- Form 2 ( Application of trademarks)
- Form 3( A copy of Logo Bromide/Specimen)
- Cost of filling (There is no fixed cost, it fluctuate but it goes between ₦60,000 to ₦90,000)
Steps on How to Successfully Register a Trademark in Nigeria
Registering a trademark in Nigeria can be straightforward and can also be vigorous depending on the person attending to you.
Step 1. Trademark search
The procedure for filing for trademark registration is sent to the Registrar of Trademark who controls and manages a Registers of Trademarks.
The first step in registering a trademark in Nigeria is to first search for the name. You do that by providing at least two names that should not be related to any business.
You should have a name in mind you have to be sure no business has used such name, letter, or symbol.
Bringing a name like Swan or Gossy will lead to automatic rejection.
The name search is a must for trademark registration. So, have at least two names in mind or better still three. So you won’t have to start bringing up a name you never heard in mind at the registration office.
All trademarks will be advertised in the Nigerian trademark journal to make sure that no other company that has been registered has a similar logo and it will also allow people to oppose it if it’s not proper and it is expected to last for 2 months in the journal.
After completing the timeline without any objection, the registrar will issue you a certificate of registration ( Not yet the certificate of the trademark).
Just to secure your logo and other things before the process of obtaining your certificate of trademarks commences.
To search for other Trademarks visit www.trademarksearch.nlipw.com but your final decision should not be made on that search alone as the official register is kept at the Registrar’s office in Abuja.
Step 2. Trademark graphic
Your intended logo or graphic must be on cloth or paper. Just like I discussed in getting a name, letter, or symbol, it should not be similar to a previously registered name.
Once you have made your decision on your choice of logo or graphic, it should be reproduced on paper (black and white or color) and submit to the trademark office.
Step 3. Filling the form
A form called “Form of Authorization” will be given to you which is a requirement for you to fill. The form content includes; names, address, nationality, company name/registrant name.
After filling the form, you will have to submit two passport photographs.
You will still be given another form called, “International Classification of Goods”. It entails the range of goods that will be covered by the trademark.
And finally, a lawyer (not just any lawyer), a trademark lawyer will sign so they can authorize the registering on your behalf.
Step 4. Filing fees
Nothing is ever free, even if it was, I don’t think it will be in Nigeria. I won’t guess, but the cost of filing ranges between ₦60,000 to ₦90,000 depending on your trademark requirement. This is just an estimation, as the prices may change.
The filing, legal, and processing fees are inside that amount. I know by now you will be thinking that everything will take just two to three months to get done, brethren, it takes 2-3 years from the date of applying.
But the good side is that you can begin using the trademark name and logo after 3-6 months as you wait for your final certificate, of which it must have been approved.
Your trademark application is usually advertised or published in the Nigerian Trademark Journal for 2 months and within that two months, it is open for opposition or objection from anyone.
If no objection, the registrar will issue your certificate to you or through your agent. But, if someone opposes, your agent will be notified to come and defend it.
Lists of Accredited Agents that can help you in registering your trademarks.
According to IPO Nigeria website the official website of the Trademarks, patents, and design registry;
- 1. Agent Code: CLD/RA/0005
Company Name: StillWaters Law Firm
Company Address: 2nd floor 11, Awolowo Road Ikoyi, Lagos, Nigeria
Phone Number: 08033248860
Email: [email protected]
- 2. Agent Code: CLD/RA/0006
Company Name: E-registry CLD
Company Address: Commercial Law Department trademarks registry Block D, Old Secretariat Area 1, Abuja
Phone Number: 09038979681
Email: [email protected]
- 3. Agent Code: CLD/RA/0009
Company Name: David Garrick, Kayode & Co.
Company Address: 21 Olanrewaju Street Oregun Industrial Estate Oregun Ikeja, Lagos.
Phone Number: 08066803387
Email: [email protected]
- 4. Agent Code: CLD/RA/0025
Company Name: Chuma Anosike & Co.
Office Address: 13 Military Street Onikan Lagos.
Phone Number: 08033297137
Email: [email protected]
- 5. Agent Code: CLD/RA/0031
Company Name: WIZECOUNZEL Law Firm
Office Address: 61, Otta Road, Orile-Agege Lagos
Phone Number: 017-7658948
Email: [email protected]
- 6. Agent Code: CLD/RA/0058
Company Name: Gmo Legal Services
Company Address: 12b Bashprun Okunsanya Avenue Off Admiralty Road, Lekki Phase 1, Lekki.
Phone Number: 08023227891
Email: [email protected]
- 7. Agent Code: CLD/RA/0059
Company Name: Pat Ikedigwe & Co
Office Address: Suite 210, @nd floor copper house, Zone 5 Wuse Abuja.
Phone Number: 08065264880
Email: [email protected]
- 8. Agent Code: CLD/RA/0127
Company Name: Sumarchie Solicitors
Office Address: 1 Douglas Road Off Atekong Drive Calabar, Cross River State.
Phone Number: 08022224659
Email: [email protected]
- 9. Agent Code: CLD/RA/0135
Company Name: Infinit Associates
Company Address: No. 10 Police Road GRA Ilorin, Nigeria
Phone Number: 08055864255
Email: [email protected]
- 10. Agent Code: CLD/RA/0214
Company Name: M.C ILondu & Co
Company Address: 66 Old Market Road, Onitsha, Anambra State
Phone Number: 08037665133
Email: [email protected]
To See other accredited agents according to IPO Nigeria visit www.iponigeria.com/#/GetAgent
Head Office of Trademark Registration in Nigeria
Commercial Law Department
Trademarks, Patent, and Designs
Ministry of Trade And Investment
Block D, Old Secretariat, Area 1 Garki Abuja.
In conclusion, a trademark in Nigeria is only valid for seven years and can be renewed for another period of fourteen years. It is advisable to renew your trademark two to three months before the expiry date.
Registering a trademark in Nigeria has so numerous benefits that you and I know very well.
And please, if you are into the business of rendering services and you don’t produce products, you don’t need a trademark, you need a service mark and to register your business name with the Corporate Affair Commission (CAC).
