WHERE AND HOW TO REGISTER TRADEMARK IN NIGERIA

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WHERE AND HOW TO REGISTER TRADEMARK IN NIGERIA

INTRODUCTION

For some years now, trademarks have attained significance in the world of business as they are indicators of the origin and quality of goods and services. It is provided for by Trade Marks Act Law of Federation of Nigeria (LFN) 1990 and it is one important way to protect and distinguish someone’s trade symbols in Nigeria. The essence of this article is to highlight the steps and procedures for registration of trademarks in Nigeria.

A Trademark may be defined as a recognised symbol or combination of marks used to differentiate the goods or services offered by a business from those offered by other businesses. They also help businesses to distinguish their products from those of competitors in the market. In Nigeria, you can register trademark, a name, logo, slogan, domain name, shape, colour or sound in order to legally protect your trademark from use by a competitor. The trademark to be registered must be distinctive for the goods and services that you provide, not be deceptive, illegal or immoral and not be similar to existing trademarks.

HOW TO REGISTER A TRADEMARKS IN NIGERIA

The trademark registration in Nigeria is done at the Trademarks, Patents and Designs registry of the Federal Ministry of Industry, Trade and Investment Registry. An applicant is expected to appoint an accredited agent to oversee the registration on his behalf through a power of attorney in the prescribed form.

The procedures for registering trademark are explained thus;

• SEARCH AND APPLICATION

The first thing to do is to conduct an availability search, then brief and accredited agent usually a lawyer with the description of the trademark, symbol, logo or design to be registered. The accredited agent is expected to conduct an availability search at the Registry, to determine whether the mark is available under the relevant class. Once the trademark is not in conflict with any existing trademark, the accredited agent can proceed to apply for registration of the mark; Upon confirmation of the availability of the trademark, the accredited agent will be required to fill the necessary statutory application form detailing the personal information of the owner of the mark as well as the name and or specimen of the symbol, logo or mark which the applicant intends to register. After submission of the application form and payment of the required fees, the Registry will issue an Acknowledgement Form (AC) to the accredited agent to confirm receipt of the application.

• ACCEPTANCE

Once an application has been acknowledge after a successful search has been conducted, the trademark will be examined then the registrar will register the trademark and issue an Acceptance Form to the applicant. The Acceptance Form is initial evidence that the trademark has been duly registered.

• PUBLICATION

After the Acceptance Form has been issued by the Registry, the Registrar will ensure the publication of the application in the Trademarks Journal. The publication is a to notify interested parties who may have any opposition or objection to the registration of the trademark. Any person who may have an objection to the registration of the trademark may protest by filing a notice of opposition with the Registry in a prescribed form within 2 months of the publication.

• CERTIFICATE

Where there is no opposition filed against the registration of the trademark or where such objection is withdrawn or overruled, the applicant will be issued a Certificate of Registration by the Registry. Where there is opposition to the publication in the journal, unless such opposition is resolved in favour of the applicant, the Certificate of Registration will not be issued for the trademark sought. The Certificate represents the evidence of due registration and completion of all processes. It confers a right on the proprietor or the owner to use the trademark to the exclusion of every other organisation, body or entity.

Conclusively, in order to avoid imitation, counterfeiting and other business infringement, business owners are encouraged to register their trademarks as the registration confer owners to enforce it against any form competitors.

WRITTEN BY: CHAMAN LAW FIRM TEAM

E-MAIL: chamanlawfirm@gmail.com

Tel: 08065553671, 08024230080