Nigeria, a sovereign country located on the western coast of Africa, is the most populous nation with the largest economy in the continent. It also has a fast-growing services sector with a rapidly increasing need for consumer goods. Without any second thoughts, all these factors do make Trademark Registration a crucial aspect in the nation.
In Nigeria, the Trade Marks Act, Cap T 13, the Laws of the Federation of Nigeria 2004 (“TMA”), and the Trademark Regulations 1990, form the legal basis of trademark registration and protection. The Act defines a trademark that is capable of identifying and distinguishing the source of the goods of one company or individual from those of others. A trademark may include a label, name, brand, device, heading, letter, word, signature, numeral, or any combination of these elements. When it comes to trademark registration, the Nigerian Trademark Law classifies goods into thirty-four (34) international classes. In Nigeria, multi-class Trademark Applications are not allowed; therefore, a separate application needs to be filed for registration in each of these classes. Also, unlike other jurisdictions, ‘USE’ is not a requirement for the registration of trademarks in Nigeria.
In Nigeria, the Trademarks, Patents, and Designs Registry (under the Commercial Law Department of the Federal Ministry of Trade and Investment) is the concerned trademark authority that governs and deals with the mechanism of trademark registration. The trademark application must be filed by the proprietor or an agent with the exception in the scenario of a foreign proprietor where a local agent must be hired. Except for the bureaucratic delays at the Registry, the time frame to complete the registration procedure is usually 12 to 18 months.
Trademark registration in Nigeria gives an owner the exclusive rights to the registered trademark corresponding to the specific goods or classes of goods in which it was originally registered. If a person or company uses the same trademark or any other mark similar or identical to it, which is likely to deceive or confuse the public, then it becomes a case of Trademark Infringement.
If the Registrar gets satisfied with the proposed trademark, he or she shall issue an Acceptance Form, which is generally issued within three (03) weeks after the issuance of the Acknowledgment Form. In the other scenario, a Refusal Form will be issued. In the case of acceptance, the application will be published in the Trademarks Journal to notify any interested party that may have an objection to the said trademark registration.
In Nigeria, trademarks are registered for an initial period of seven (07) years starting from the date of the application, which can be further renewed indefinitely for periods of fourteen (14) years.
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