The places where trademark and patents are usually registered in Nigeria the places of accredited agents, who are mainly lawyers. A trademark agent and patent attorney such as the Resolution Law Firm maintains two offices in Lagos and an annex office in Abuja where a trademark and patent application can be submitted for registration. Resolution Law Firm is an accredited trademark & patent agent, which has handled several trademark and patent applications for local and foreign entities.
The Firm maintains offices in the following locations:
Ikeja Lagos, Office
Resolution Law Firm
50/52. Toyin Street, Opposite Water Parks, Ikeja,
Lekki, Lagos Office
3rd Floor, Lennox Mall
Block 10, Plot 2 & 3, Admiralty Way,
Beside The Place
Lekki Phase 1,
A Trademark is a recognizable word or words, signs, or expressions registered to represent or identify a company, products or services, so as to distinguish particular goods or services in the marketplace. Accredited agents usually file a Trademark at the Trademarks, Patents and Designs Registry, Commercial Law Department, Federal Ministry of Trade & Investment Abuja.
The basic requirements for trademark registration in Nigeria include the followings:
- A name of the applicant
- Address of the Applicant
- Email & phone numbers
- An invented word or words. Such a word or words having no direct reference to the character or quality of goods not being in its ordinary specification a geographical name or surname
- A description of goods or services or appropriate class.
Steps for registering trademarks in Nigeria
- First, a search is conducted to determine if the proposed trademark is not similar to any existing marks.
- Where the search is successful, the application will be filed, and the official payment will be made.
- Upon filing, the Trademark Registrar issues a Formal Acknowledgment form of a receipt showing the official number and date of filing the application.
- If the registrar is satisfied with the distinctiveness of the mark and that there is no similar mark and has thoroughly examined the mark to access if it is eligible for registration, a notice of acceptance will be issued to the applicant.
- The trademark will later be published in the Trademark Journal for any opposition to be raised within 2 months from the date of publication.
- Where no opposition or objection is raised within the given period, the Certificate of Registration will be applied for at the Trademark Registry.
Steps & Requirements for Patent Application
Applications to register patent is actually dealt with under Section 3 5 of the Patents and Designs Act, which provides that patent applications are actually to be made to the Registrar and shall contain the following details:
- The applicant's full name and address and if that address is actually outside Nigeria, an address for service in Nigeria.
- A description of the relevant invention with any appropriate plans and drawings.
- A claim or perhaps claims.
- The application shall also contain such other matters as may be
prescribed, and be accompanied by
- Evidence of payment of the prescribed fee;
- Where appropriate, a declaration signed by the real inventor requesting he be mentioned as such in the patent and giving his address and name
- A duly signed power of attorney in case an agent makes the application.
- Foreign Priority documents in the case of PCT application.
Trademark & Patent Agents
Before an applicant can proceed with the trademark or patent registration process, there is a need to identify and instruct a trademark agent or patent lawyer in Nigeria, who will help with the filing and processing of the application at the Trademarks, Patent & Designs Registry.
Trademark & Patent Registration Office in Nigeria
The central trademark and patent registration office in Nigeria is the Trademarks, Patents and Designs Registry, Commercial Department of the Federal Ministry of Industry, Trade and Investment Abuja, Nigeria. However, it is recommended that applicants hire the services of accredited agents for any registrations. An accredited trademark and patent agent like the Resolution Law Firm has offices in Ikeja Lagos, Lekki and Abuja. However, a trademark or patent can even be registered by an applicant without physically visiting the agent's office. All the requirements for trademark or patent registration can be submitted online through email or WhatsApp.
Finally, it is noteworthy to state that an individual may apply to register own's trademarks or patents, however, it is better the service of an accredited agent who is specialized in filing trademarks and patents is retained for such a registration process
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.