Essentially, the procedure for trademark registration in Nigeria involves three major stages which I will briefly explain as follows:
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Search &Application
The first step required to be taken for any person or organization desiring to register a trademark is to brief an Agent, usually a Lawyer and inform him of the trademark or the description of a symbol or logo or design to be registered.A search is conducted on the trademark at the Trademarks, Patents and Designs Registry, Commercial Law Department of the Federal Ministry of Industry, Trade and Investment, Abuja and if it is not in conflict or too similar with any existing trademark, an application for the registration can proceed. The Registrar will issue an acknowledgement upon the recipient of any due application and different payments are made for search and application processing.
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Acceptance
Where an application has been approved after a successful search has been conducted, the Registry will accept, register the trademark and issue an Acceptance Letter to the applicant. The Acceptance Letter is initial evidence that the trademark has been duly registered.
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Publication And Certification
The third stage involves publication in the trademark journal and certification. Upon the acceptance of the registration of a trademark, the Registrar will ensure the notice of the application is published in the Trademark Journal. Such notification will include the full details of the application and the applicant.By virtue of this publication, any interested person would have the opportunity to oppose or object to the registration. Any person or organization who considers that a trademark being sought may likely confuse or mislead the public in light of any pre-existing trademarks may protest to the Registrar to stop such registration by filing a notice of opposition in a prescribed form.Protests or oppositions containing the grounds upon which the protest is made must be sent to the Registrar of Trademarks within two months of publication of notice in a journal.The Registrar will notify the applicant of any protest or opposition received. The applicant may respond to such opposition within one month from the date of receipt of such notice from the Registrar. An applicant who failed to respond to the opposition received with his or her own counter-statement may be deemed to have abandoned his or her application.
Where Registrar received the response of the applicant stating why the applicant is entitled to such trademark, the Registrar of Trademark shall constitute a Tribunal to determine the conflict in favour of one of the contending parties.Where there is no opposition to the publication in the journal, or opposition has been made and successfully resolved in favour of the applicant, the Certificate of Registration will be issued for the trademark sought. The Certificate indicates 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 entity. However, where any other person or entity successfully challenged the applicant in opposing a trademark registration, the Registrar will issue a letter of refusal to the applicant.
You will require the services of an experienced Trademark Attorney to guide you through the procedure for trademark registration in Nigeria.
Basic requirements for trademark registration in Nigeria
The basic requirements every intending trademark applicant should prepare or provide include the following
- Logo, which may include Words and/or Device
- Name of the applicant
- Contact details of the applicant
- Power of Attorney appointing an agent to conduct such registration (an accredited agent/lawyer may help to prepare the power of attorney)
Register your name, slogan, logo or mark in Nigeria today.
The Jubilee Chambers offers trademarks, patents, copyrights and industrial designs application as well as prosecution and opposition services. We are certified by the Intellectual Property Institute of Nigeria (IPIN)
CONTACT US via telephone call or whatsapp on 0708 424 1826 or send an email to info@thejubileelegal.com
