FAQs On Trade Mark Registration In Nigeria
A trademark typically includes words, symbols, designs, phrases, or their combinations, used to uniquely identify and distinguish one person’s goods or services from another’s. This is an essential aspect of brand identity in the marketplace.
A word or words that are descriptive in nature, that is similar or closely related to another registered trademark, a geographical name.
After search has been conducted and the name is free, application is made, the applicant is provided with an acknowledgement immediately. After the application has been made, the Trademark Registry will issue an Acceptance Letter. Thereafter, the registry will publish a journal, there is 3 months opposition time to allow members of the public oppose any application that maybe similar or closely related to theirs. If the published trademark is not opposed within the stipulated timeframe, then you can go ahead to apply for certificate.
The name of trademark, class or classes, logo (if any), details of the applicant and a Power of attorney.
The following are some of the things to note before registering a trademark:
- Trademark must not contain or be the name of a place (geographical indication) example, Nigeria, Lagos, Havana, Accra
- Trademark must not be directly or confusingly similar to already registered trademarks with the trademark office (this can be known after search has been conducted and there’s an already registered name similar to the one that search was conducted on)
- Trademark must be distinctive. It must not bear semblance to the trade or services it is used for. (You cannot register Shoes in class 25, shoes is not distinctive)
- Trademark must not be descriptive. This means that it must not be serving or seeking to describe. The name or logo sought to be registered must be unique and it should not have a direct meaning. If it has a direct meaning, another unique name should be added before it to make it registrable) e.g. joyful, clean, new, radiant.
- Trademark must not be deceptive. You cannot register ‘Super Jik’ if JIK is already registered in the same class
- Trademark must not show superiority in the market. You cannot register Clean, sparkle, Pure white, in the class for detergent.
When a trademark is registered newly, it is valid for a period of seven years but must be renewed subsequently every 14 years as the Act provides. There is no limit to the number of times a trademark can be renewed.
