Nigeria

The Trade Marks Act; Chapter 436; Laws of the Federation of Nigeria 1990 provides for Trademarks and Patents in Nigeria. 

Trademark registration classification:

Nice Classification

 Requirements:

  • The name, address and nationality of the applicant and the nature of its business.
  • A list of the goods to be covered by the application.
  • A representation trademark  is preferred to have the following dimensions: 120px by 100px (length by breath) 
  • A Power of Attorney simply signed, with full particulars of name(s), address (es) and nationality of the applicant(s). Full name(s) and capacity of the signatory when applicant is a firm/company.

Procedure:

  • A trademark application has to be filed before the Trademarks Registry by an accredited local agent. 
  • After filing the application for trade mark registration, the Registrar issues an official acknowledgement reflecting the official number and filing date of the application.
  • A preliminary search is conducted as to distinctiveness from existing and pending registrations. The Registrar examines the application for registrability taking into consideration possible conflicts with prior registered or pending marks and or 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.
  • 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 . 
  • If no objections are received within the specified period or no objections are sustained, the Registrar will issue the applicant with a certificate of registration. 
  • It takes approximately 12-24  months from filling to registration, in case no oppositions are presented.

Duration and Renewal: A trademark registration is valid for 7 years from the date of application. Renewal is possible for periods of 14 years.


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