Trademark registration is important if you have a brand that you need to protect. In Nigeria, entrepreneurs register trademarks mainly for two reasons; one is to protect their brand and second, due to regulatory requirement. If you want to produce a product that requires approval of the National Agency for Food And Drug Administration and Control (NAFDAC), you will be required to register a trademark.
The government agency in charge of trademark registration in Nigeria is the Trademarks, Patents and Designs Registry, Commercial Law Department of the Federal Ministry of Industry, Trade and Investment in the Federal Capital Territory, Abuja. The registration can only be carried out through the engagement of an accredited agent who are certified to carry out trademark registrations on behalf of an applicant.
Below are what you need to know about trademark registrations in Nigeria.
- You need an accredited agent to register a trademark in Nigeria.
- You can trademark a name, logo or a combination of both.
- For your trademark to be registrable, it must meet the following requirements.
* It must be distinctive
* It must not b in conflict with an existing trademark
* It must not be against public morality
* It must not resemble the flag, coat of arms, or emblem of any country without appropriate authorization
- Individuals and companies are eligible to register a trademark
- Foreigners are also eligible to register a trademark in Nigeria.
- Nigeria uses the Nice Classification as it is a party to the Paris Convention for the Protection of Industrial Property.
- There are 45 classes of trademarks for products and services of which you can choose any class that best suit you.
- You can only choose one class per registration.
- Registering a trademark in Nigeria protects your trademark across Nigeria.
- Where there is an infringement against your registered trademark, civil and criminal action an be taken against the infringer.
- registering your trademark in Nigeria does not protect such trademark in other countries. To have your trademark protected in other countries, you will have to register same in each country where you want it protected. You can also register it with regional agencies such as the African Regional Intellectual Property Organisation, European Union Intellectual Property Office etc. However, Nigeria is not a member of any of these organizations, meaning you will have to register your trademark in Nigeria to have it protected in Nigeria.
- As an intellectual property, your trademark can be licensed, tranfered, assigned or sold.
If you have any question or you want us to help you with your trademark registration, our accredited agents are on ground to be of help. Feel free to reach out to us through any of our contact channels.
Call/WhatsApp 09053334874