This article contains the complete information or step-by-step guide on How to Register a Trademark in Nigeria which is the only guaranteed way to protect the rights of all your intellectual properties.
All you have to do is to take a deep breath, because you are about to read the complete guide about registering a trademark in Nigeria for those who does not know and as for those who have a little knowledge about it, get ready, because you will never regret reading this particular article.
Firstly, what is Trademark?
Trademark is a sign, mark, logo, domain name, label, numerical, signature, device, or word recognized by which a business is known for, in a relationship or associated with a very important aspect of carrying on a business.
The Trade Marks Act: Chapter 436: Laws of the Federation of Nigeria 1990 provides for Trademarks and Patents of an individual in Nigeria. So as to legally protect your trademark from the use by any rivals or competitors with the Trade name of your choice.
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Do not get confused when you see the word “Trade name”, Trade name is just a name that the business bears to differentiate or distinguish itself and its trading facilities from all other businesses.
According to “CAMA” Companies and Allied Matters Act, every individual, firm or corporation having a place or carrying on business in Nigeria must be registered at the Corporate Affairs Commission whether the business is carried on with the individual’s name or in a corporate name, it must be legally registered at the Corporate Affairs Commission within a period of twenty-eight (28) days of the commencement or starting.
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Steps on How to Register a Trademark in Nigeria.
Method 1
This is also called the manual processing of registering a Trademark in Nigeria, read below:
1} Name Search.
Before you even think of the requirements for filling Nigeria Trademark Application and Designs Registry, Commercial Law Department of Federal Ministry of Industry. You will have to make a Name search to be sure that someone does not have a similar trademark because that you do not see such a trademark on the market does not mean someone has not done or thought about it before.
So, first of all, do a name search and get an agent ready, choose a minimum of Two {2}names, and submit them to the trademark registry through your agent. The main reason for having a minimum of two names is to find out if someone has used your first choice, if so, then you can try the second one and if the second one has not been registered, then you are qualified to move to the next level.
2} Fill the Application for Registration.
Your next step forward will be writing of application letter, you must fill in your full name, with two {2} passport photographs, and a verified address of where you stay or reside.
After you are done with filling out the forms for the trademark, submit them to the registrar, then the Registrar will now issue you an official acknowledgement which shows and displays the official number, filing date of the application and the amount paid. Just to confirm or let you know that you’re filling has been received officially.
3} Registration Begins.
After you are done with filling out the application for registration, get ready for the registration step. Take note that the registration is made up of so many processes, after a period of time, after the trademark has been registered and an ACCEPTANCE LETTER will be issued to you. As a confirmation that the trademark has been officially registered and you are now a proud Trademark owner.
4} Publication.
Finally, the whole step is not complete without publication because every trademark application in Nigeria must be advertised in the Nigerian Trademark Journal and is at the same time open to opposition for a period of two (2) months from the date of advertisement.
Then, within the period of two months, if no objections are received or sustained, the Applicant will receive a certificate of registration by the registrar. The Certificate will contain pieces like the date of initial filing as the date of registration (i.e. date of filing acknowledgement and acceptance).
How long and how much does it takes to register a Trademark in Nigeria
According to the Nigerian trade mark registrations, its valid period of years is about Six (6) to seven (7) years and is also indefinitely renewable for periods of fourteen (14) years.
It also takes up to 3 to 4 months to get it fully done because its processes are way too long to finalize. When it comes to the price for the registration of a trademark in Nigeria, N80, 000 is the fee to pay and N5, 000 per search. Then within 3WEEKS from the date of receipt of the result of a successful Name search.
Method 2.
Find a lawyer or a local agent to file the application for you providing the requirements mentioned earlier in the method 1 and a signed power of Authorization of the agent to be completed in favour of your lawyer as the enabling instrument to act on your behalf or in your place.
Then, the lawyer or local agent will file and follow it up gradually. From processing the registration and defending any opposition if it arises, providing an address of local services of documents and also maintaining the renewal of the trademarks. I think this could be easily achieved and successful with the help of a lawyer or a local agent.
Method 3.
Electronic or Online Application and Filling is what is used to achieve the same purpose you want through Local IP Agents. Electronic or Online filing was introduced to reduce the hassles that come with the Manual Processing of Applications.
I see this method as the Best, easiest and fastest way of registering a Trademark in Nigeria because you can file from the comfort of your location or residence and also automatically get your Electronic acknowledgement notice on the same day of payment.
NOTE: {Payments can now be made via Quickteller.com using Debit cards or at any Skye Bank Plc. in Nigeria.} Applicants however must obtain Pre-generated Invoices obtainable through a Platform created for Local Agents in Nigeria.
Conclusion
Therefore, since you have now gotten the full knowledge about registering a trademark in Nigeria, you now know how it works and the processes and methods involved for its successful achievement. All Nigerians are therefore advised to register their trademarks to be on the safe side.
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