A trademark is a sign, mark, logo, domain name, labels, number, signature, device, or words recognized by which a firm is known for, in-relationship with, or associated with a very significant component of conducting business. The Trade Marks Act: Chapter 436: Laws of the Federation of Nigeria 1990 governs an individual’s trademarks and patents in Nigeria. To legally protect your trademark from being used by competitors or rivals under the trade name of your choice.
Do not be misled when you hear the term “trade name.” A trade name is just a moniker that a company uses to distinguish itself and its trading capabilities from those of other companies.
1. Name Search
Before you even consider the prerequisites for filing a Nigeria Trademark Application and Designs Registry with the Federal Ministry of Industry’s Commercial Law Department. You’ll need to conduct a Name search to ensure that no one else has a comparable trademark. Just because you don’t see such a trademark on the market doesn’t imply it hasn’t been done or considered previously.
So, first and foremost, conduct a name search and prepare an agent; then, select at least two (2) names and submit them to the trademark registrar through your agency. The major purpose of having a minimum of two names is to see if your first option has been taken; if so, you can attempt the second; if the second one has not been taken, you are qualified to advance to the next level.
2. Fill Your Application
The next step is to write an application letter in which you must provide your full name, two passport photos, and a verified address where you stay or reside. After you’ve completed the trademark forms and submitted them to the registrar, the registrar will send you an official acknowledgement that includes the official number, the filing date of the application, and the price paid. Just to let you know that your application has been officially received.
3. Start The Registration Process
Prepare for the registration phase after you’ve finished filling out the registration application. Take note that the registration entails a number of steps; after a period of time, the trademark will be registered and you will receive an ACCEPTANCE LETTER. As proof that the trademark has been formally registered, and you are now the proud owner of a trademark.
Finally, because every trademark application in Nigeria must be advertised in the Nigerian Trademark Journal and is open to opposition for a period of two (2) months from the date of advertisement, the process is not complete without publication.
The Applicant will then obtain a certificate of registration from the registrar within two months assuming no objections are filed or sustained. The Certificate will include information such as the date of the first filing as well as the date of registration (i.e. date of filing acknowledgement and accepted).
How long does it take to register a trademark in Nigeria and how much does it cost?
The Nigerian trade mark registrations have a valid length of six (6) to seven (7) years and are also indefinitely renewable for periods of fourteen (14) years, according to the Nigerian trade mark registrations. It can potentially take up to 3 to 4 months to complete because the processes are just too lengthy to complete.
Trademark Registration Fee In Nigeria
The charge for registering a trademark in Nigeria is N80, 000, with an additional fee of N5,000 for each search. Then within THREE WEEKS after receiving the results of a successful Name search.