TRADEMARK REGISTRATION IN NIGERIA

1.0 Meaning of Trademark in Nigeria

Section 67 of the Trademarks Act[1] defines a trademark as follows:

“…a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person…”

A trademark is a symbol or a sign which differentiates the goods and services of one business from another one. This can legally protect a company’s trademark from use by a competitor. The trademark must be distinctive for the goods and services that you provide, not deceptive, illegal or immoral and must not be similar to existing trademarks. Trademark protection is enforced by the courts, which in most systems have the authority to prohibit trademark infringement.[2]

Registration of a trademark in the form of a name, logo, slogan, domain name, shape, colour or sound is carried out at the Ministry of Trade and Investment in Nigeria.

2.0 Benefits of Registering Trademark in Nigeria

Why Register your Trademark?

a. Exclusive right: Once a trademark has been registered, the owner is deemed to have the exclusive right to use that mark in relation to his products and services. Thus, any unpermitted attempt to use such trademark becomes an offence against the owner. The Owner’s legal benefit further extends to entitling him to institute any legal proceedings against any other person who uses the mark or any other mark which is identical to the mark which is likely to deceive or confuse the public in the course of trade in relation to any goods in respect of which the mark was registered. Consequently, it is only the Owner of a registered trademark that can institute proceedings to restrain or to recover damages for infringement of his trademark.                                                                                                                                    b. Protection of Foreign Products: Where the Owner of a foreign product intends to import into the Nigerian market or a foreign company intends to carry on business in Nigeria, it is necessary for the trademark of the product or business to be registered in Nigeria to enable the Owner benefit from the exclusive right over the trademark in Nigeria.  

c. Hindrance of unfair competition and facilitation of International Trade: Trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit. Trademark protection also hinders the effort of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.

d. Transferability: A trademark is assignable and transmissible either in connection with the goodwill of a business or not. The beneficiary of a trademark by assignment or transmission shall apply to the Registrar of trademarks to register his title and the Registrar shall on receipt of proof of title cause the particulars of the assignment or transmission to be entered in the Register.

Other benefits can be summed up as follows:

1.     Trademarks give your company/business a brand identity.

2.     Trademarks are an efficient commercial communication tool used to capture the consumer's attention and make your products/services distinct.

3.     Trademarks are an asset to your business.

4.     Trademarks indicate a consistent level of quality of your products and services.

5. Trademarks improve the awareness of your brand and the goodwill that can often take decades to establish.

3.0 Process for Trademark Registration in Nigeria   

Requirements

·        Applicant’s details

·        Trademark Information

·        The full range of goods covered or proposed to be covered by the trademark.

·        Power of Attorney/Authorization of Agent

·        A copy of the logo to be trademarked (where applicable)

4.0 Duration of Trademark

A trademark is valid in Nigeria for an initial period of 7 years, and then for further renewable 14-year periods. An application for renewal should be made not less than three (3) months from the expiration date.

A trademark in Nigeria may be registered either plainly (black and white) or in colour. However, where a trademark is registered in colour, the protection afforded is limited to the colour(s) registered. On the other hand, a plain (black and white) registration affords protection to all colours of presentation of the trademark.

[1] Trade Marks Act, Cap T 13, Laws of the Federation of Nigeria 2004

[2] http://www.iponigeria.com/#/Trademark accessed 11:23am 03/07/2018

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