A Trademark is a distinctive sign or mark that is used in relation to goods and services which helps to distinguish the products and services of one entity from that of another entity.  It is a form of intellectual property that is used to distinguish the goods or services of one business from another. A trademark can take many forms, including a logo, a word or phrase, a slogan, a sound, or even a color. In other words, a trademark serves as a symbol that identifies the source of a particular product or service.

The trademark is registered through the Trademarks, Patents and Designs Registry of the Ministry of Trade and Investment. Before making the application, the trademark must be searched at the appropriate class to check whether it is not in conflict with any existing mark.

The NICE classification (an international system for classifying goods and services used for trademark registration) consists of 45 classes, with classes 1-34 covering goods and classes 35-45 covering services. Each class represents a specific category of goods or services, and trademarks are registered for specific classes based on the goods or services that they are intended to be used for.

Read: Company Registration (Limited Liability Company)

Steps for Trademark Registration

In Nigeria, the procedure for trademark registration involves several steps, which are:

1. Choose your accredited agent/legal practitioner:  in Nigeria, an applicant cannot apply for Trademark personally but through an accredited agent or a lawyer. Before you start your process of registration the first step to take is to choose an agent or a lawyer and issue a Power of Attorney to him or her.
2. Conduct a search: the name search is conducted to ensure that the proposed trademark does not infringe on any existing trademarks. This can be done by searching the Nigerian Trademarks Registry files or journals. Currently, a trademark search cannot be conducted online in Nigeria, the search must be manually done at the registry. This is because some of the names that were trademarked before the inception of online registration have not been fully updated online.
3. File an application: Once the search has been conducted and the proposed trademark is available, an application can be filed with the Trademark Registry. The application should include the name, address, and nationality of the applicant, a clear representation of the trademark, and the goods or services for which the trademark will be used. Upon payment of prescribed fees, an Acknowledgment Letter will be issued by the Registry to show that the application was successfully lodged with the Registry.
4. Examination: After filing the application, the Trademarks Registry will examine the application to ensure that it complies with the relevant laws and regulations. If there are any issues, the Registry may issue an objection or request for additional information.
5. Publication: Once the application has been accepted, it will be published in the Trademarks Journal. This allows interested parties to oppose the registration if they believe that the trademark infringes on their rights.
6. Opposition: If an opposition is filed, the Trademarks Registry will investigate the matter and may hold a hearing to determine whether the opposition is valid. A valid opposition must be filed within two months after the publication of the trademark.
7. Opposition Proceedings: Within a period of two months from the date of publication of an application in the Trademarks Journal, any party who intends to oppose the application shall file their opposition to that application in Form 6. If an opponent is opposing a proposed registration on the ground that the mark resembles marks already on the register, the numbers of such trademarks and the numbers of the Journals in which they have been advertised shall be set out; and the notice shall be accompanied by an unstamped duplicate which the registrar will send to the applicant.
8. Issuance of certificate: If there are no oppositions, or if the oppositions have been resolved in favor of the applicant, the Trademarks Registry will issue a certificate of registration. the Registrar shall, within any time from the expiration of that two months’ publication, enter the Trademark in the Register.

Requirements for Trademark Registration in Nigeria

1. Name, address and other personal information of the applicant.
2. Power of Attorney which authorizes an agent/lawyer to handle the registration on the applicant’s behalf.
3. A copy of the device, logo, word or words these could be real words and completely contrived words which the applicant proposes to register as a Trademark
4. Official fees for the registration.

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Duration and Renewal of Trademarks

The process of trademark registration in Nigeria usually takes between 12 to 24 months, depending on various factors such as the number of objections and oppositions filed. It is recommended to seek the advice of a legal professional experienced in Nigerian trademark law to ensure that the application is filed correctly and to minimize the risk of objections or oppositions.

When a Trademark is registered and a certificate of registration issued, the Trademark has a lifespan of seven years from the date of registration. It is however renewable every fourteen years thereafter.

In conclusion, trademarks are a critical aspect of branding and are essential to the success of any business. By establishing a unique trademark, businesses can protect their intellectual property and distinguish their products or services from those of their competitors. In your quest for registering your trade mark it is advised to engage an accredited agent to ensure seamless filing.

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