The trademark registration in Nigeria provided for by Trade Mark Act LFN 1990 is actually one way that is critical to defend and distinguish someone's trade symbols in Nigeria. Registering a trademark in Nigeria is actually the only way to defend a distinctive product for services or goods on the market place.

A Trademark is actually a familiar brand or maybe design, which is legally registered and used to determine and distinguish a product or maybe services from others.

Several of the trademarks which could be registered include name, slogan, shape. The trademark is generally registered through Designs Registry, Patents, and the Trademarks, Commercial Law Department of the Federal Ministry of Industry, Investment and Trade in Nigeria.

STAGES TO REGISTER A TRADEMARK IN NIGERIA

Basically, there are actually 3 major stages involved in trademark registration, which we will briefly explain as follows:

1) SEARCH & APPLICATION

The first action needed to be considered for any individual or maybe business desiring to purchase a trademark is actually briefing an Agent, generally a lawyer with the explanation or the trademark of a sign or maybe style or logo to be registered.

A search is actually conducted on the trademark, and in case it's not in conflict or even too similar with any current trademark, an application for the registration is able to proceed.

The Registrar is going to issue an acknowledgement upon the recipient of any due application. Around this point, the applicant is able to have confidence, but not an assurance, in the good results of the whole registration process.

It's worthy of note to state that many payments are actually to be made at this time for search and application processing.

2) ACCEPTANCE

Whereupon an application has been approved after a successful search has been conducted, the Registry is going to accept, purchase the trademark and issue an Acceptance Letter to the applicant. The Acceptance Letter is actually first proof that the trademark has been duly registered.

3) PUBLICATION AND CERTIFICATION

The third stage entails publication in the trademark journal and certification. This's the last stage.

Upon the acceptance of the registration of a trademark, the Registrar is going to ensure the notice of the software is actually posted in the Trademark Journal. Such notification is going to include the complete details of the applicant as well as the application.

By virtue of this publication, any serious person will have the chance to oppose and / or object to the registration. Any individual or perhaps business that considers that a trademark being sought may likely confuse or perhaps mislead the public in light of any pre existing trademarks may protest to the Registrar to prevent some registration by filing a notice of opposition in a recommended form.

Protests or perhaps oppositions containing the grounds upon which the protest is actually made ought to be delivered to the Registrar of Trademarks within 2 weeks of publication of notice in a log.

The Registrar is going to notify the applicant of any protest or maybe opposition received. The applicant might respond to such opposition within one month from the particular date of receipt of that notice from the Registrar. An applicant that failed to respond to the opponent received with his or maybe her own personal counter statement might be deemed to have abandoned his or maybe the program of her.

Where Registrar received the result of the applicant stating why the applicant is actually permitted to that trademark, the Registrar of Trademark shall constitute a Tribunal to figure out the conflict in favour of one of the contending parties.

Where there's no opposition to the publication in the journal, or maybe opposition has been created and effectively resolved in favour of the applicant, the Certificate of Registration will be given for the trademark sought.

The Certificate shows the proof of registration that is due and conclusion of all procedures. It confers a right on the owner or maybe the proprietor to make use of the trademark to the exclusion of every other entity.

Nevertheless, where any other individual or maybe entity successfully challenged the applicant in opposing a trademark registration, the Registrar will issue a letter of refusal to the applicant.

REQUIREMENTS FOR REGISTRATION

The standard requirements every intending trademark applicant should prepare or perhaps offer include the followings:

  • Logo, which might include things like Words and/or Device
  • Title of the applicant
  • Contact details of the applicant
  • Power of Attorney appointing an agent to conduct some registration (an accredited agent/lawyer might help preparing the strength of attorney)

RENEWAL OF TRADEMARK IN NIGERIA

Trademark lasts for period seven years and could be restored after an expiration from time to time. Every subsequent registration lasts for fourteen seasons. The demands for a trademark renewal are actually as follows:

  • Trademark Certificate
  • Power of Attorney appointing the agent and
  • Payment of the prescribed fee

RECORDING AND ASSIGNMENTS AND OF TRADEMARK

Every legitimate trademark titleholder may assign such trademark to another person or maybe entity for use within a period of time. An Assignor or Assignee of the trademark right could use to the trademark office for the recording of that title or maybe right in favour of the Assignee. Nevertheless, it preferable for the Assignee to carry out the recording itself or maybe himself/herself, because just the holder of a trademark title or maybe right might enforce such aright against any infringing third party. The demands for trademark recording are actually as follows:

  • Trademark Certificate
  • Deed or perhaps Agreement assigning the trademark
  • Power of Attorney appointing the agent and
  • Payment of the prescribed fee

CLASSES OF TRADEMARK

The trademark registration is actually classified into forty-five different groups in accordance with the Nice international system of classification. It's crucial for every applicant to recognize a class the registering trademark belongs to or perhaps directly align with. Nevertheless, a trademark might be registered in more than a single category in which the applicant is looking for protections of a trademark in various classes. And where applicant seeking protection in a number of sessions, separate filing charges have to be paid for every one of the courses. The forty-five trademark classes are listed below:

Class 1: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; unprocessed plastics in the form of liquids, chips or granules.

Class 2: Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.

Class 3: Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

Class 4: Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting; combustible fuels, electricity and scented candles.

Class 5: Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.

Class 6: Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores; unwrought and partly wrought common metals; metallic windows and doors; metallic framed conservatories.

Class 7: Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.

Class 8: Hand tools and hand operated implements; cutlery; side arms; razors; electric razors and hair cutters.

Class 9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.

Class 10: Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials; sex aids; massage apparatus; supportive bandages; furniture adapted for medical use.

Class 11: Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; air conditioning apparatus; electric kettles; gas and electric cookers; vehicle lights and vehicle air conditioning units.

Class 12: Vehicles; apparatus for locomotion by land, air or water; wheelchairs; motors and engines for land vehicles; vehicle body parts and transmissions.

Class 13: Firearms; ammunition and projectiles, explosives; fireworks.

Class 14: Precious metals and their alloys; jewellery, costume jewellery, precious stones; horological and chronometric instruments, clocks and watches.

Class 15: Musical instruments; stands and cases adapted for musical instruments.

Class 16: Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.

Class 17: Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials; plastics in extruded form for use in manufacture; semi-finished plastics materials for use in further manufacture; stopping and insulating materials; flexible non-metallic pipes.

Class 18: Leather and imitations of leather; animal skins, hides; trunks and travelling bags; handbags, rucksacks, purses; umbrellas, parasols and walking sticks; whips, harness and saddlery; clothing for animals.

Class 19: Non-metallic building materials; non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; non-metallic monuments; non-metallic framed conservatories, doors and windows.

Class 20: Furniture, mirrors, picture frames; articles made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum or plastic which are not included in other classes; garden furniture; pillows and cushions.

Class 21: Household or kitchen utensils and containers; combs and sponges; brushes; brush-making materials; articles for cleaning purposes; steel wool; articles made of ceramics, glass, porcelain or earthenware which are not included in other classes; electric and non-electric toothbrushes.

Class 22: Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks for transporting bulk materials; padding and stuffing materials which are not made of rubber or plastics; raw fibrous textile materials.

Class 23: Yarns and threads, for textile use.

Class 24: Textiles and textile goods; bed and table covers; travellers' rugs, textiles for making articles of clothing; duvets; covers for pillows, cushions or duvets.

Class 25: Clothing, footwear, headgear.

Class 26: Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.

Class 27: Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile); wallpaper.

Class 28: Games and playthings; playing cards; gymnastic and sporting articles; decorations for Christmas trees; childrens' toy bicycles.

Class 29: Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps.

Class 30: Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; sandwiches; prepared meals; pizzas, pies and pasta dishes.

Class 31: Agricultural, horticultural and forestry products; live animals; fresh fruits and vegetables, seeds, natural plants and flowers; foodstuffs for animals; malt; food and beverages for animals.

Class 32: Beers; mineral and aerated waters; non-alcoholic drinks; fruit drinks and fruit juices; syrups for making beverages; shandy, de-alcoholised drinks, non-alcoholic beers and wines.

Class 33: Alcoholic wines; spirits and liqueurs; alcopops; alcoholic cocktails.

Class 34: Tobacco; smokers' articles; matches; lighters for smokers.

Services:

Class 35: Advertising; business management; business administration; office functions; electronic data storage; organisation, operation and supervision of loyalty and incentive schemes; advertising services provided via the Internet; production of television and radio advertisements; accountancy; auctioneering; trade fairs; opinion polling; data processing; provision of business information; retail services connected with the sale of goods.

Class 36: Insurance; financial services; real estate agency services; building society services; banking; stockbroking; financial services provided via the Internet; issuing of tokens of value in relation to bonus and loyalty schemes; provision of financial information.

Class 37: Building construction; repair; installation services; installation, maintenance and repair of computer hardware; painting and decorating; cleaning services.

Class 38: Telecommunications services; chat room services; portal services; e-mail services; providing user access to the Internet; radio and television broadcasting.

Class 39: Transport; packaging and storage of goods; travel arrangement; distribution of electricity; travel information; provision of car parking facilities.

Class 40: Treatment of materials; development, duplicating and printing of photographs; generation of electricity.

Class 41: Education; providing of training; entertainment; sporting and cultural activities.

Class 42: Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; computer programming; installation, maintenance and repair of computer software; computer consultancy services; design, drawing and commissioned writing for the compilation of websites; creating, maintaining and hosting the websites of others; design services.

Class 43: Services for providing food and drink; temporary accommodation; restaurant, bar and catering services; provision of holiday accommodation; booking and reservation services for restaurants and holiday accommodation; retirement home services; creche services.

Class 44: Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services; dentistry services; medical analysis for the diagnosis and treatment of persons; pharmacy advice; garden design services.

Class 45: Legal services; conveyancing services; security services for the protection of property and individuals; social work services; consultancy services relating to health and safety; consultancy services relating to personal appearance; provision of personal tarot readings; dating services; funeral services and undertaking services; fire-fighting services; detective agency services.

CONCLUSION

To conclude, it will be crucial to point out that there are many advantages accrued to the registration of the trademark in Nigeria. Such benefit includes brand and identity protection from any infringement.

Furthermore, an owner of a trademark is able to sell or maybe lease out his or maybe the trademark of her to another person or perhaps business in case the owner chooses in future.

Businesses and people that call for the services of trademark registration in Nigeria and are actually encouraged to talk to a trademark attorney for proper guidance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.