Filing Trademark Applications in Nigeria: The Procedure

By Alexander Odidi, Esq. A


A trademark is a unique quality that adds a new dimension to your business. According to Section 67 of the Trademark Act is, a trademark is a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person, and means, in relation to a certification trade mark, a mark registered or deemed to have been registered under Section 43 of the Trademark Act. 

In Nigeria, trademarks are registered under the Ministry of Industry, Trade and Investment. The mark you choose must be distinctive for the goods and services that you provide, have no deceptive qualities, or be intended for illegal or immoral activities, and must not be similar to existing trademarks.

Requirements for Filing Trademark Applications in Nigeria 

  • Applicant’s Details: Full name(s), physical address of the applicant, nationality, email address and phone number 

  • The trademark Information: The item or trademark representation to be provided and must be visible, clear and distinct. If to be filed online, soft copies are to be provided in jpeg format at a minimum of 1200 dpi

A representation is preferred to have the following dimensions: 120px by 100px (length by breath

  • Classification of Goods and Services: The application must provide the range of goods covered or proposed to be covered by the trademark. Nigeria presently follows the Nice International Classification of Goods. A separate application is filed for each class of goods or service for which the trademark is to be registered

  • Power of Attorney/Authorization of Agent: A Power of Attorney duly executed, with full particulars of name(s), address (es) and nationality of the applicant(s). Full name(s) and capacity of the signatory if, applicant is a firm/company to be given to local attorney/agent and must be filed alongside the trademark application


Procedure to File Trademark Application 

The application can have complex procedures to follow and that's why it is common practice to instruct a Lawyer /Agent in Nigeria, especially if the applicant is foreign. The agent would file and process applications at the Nigerian Trademark Registry.

  1. All official documents and forms would be submitted by the local Agent/Attorney. Until replaced or substituted by another local Agent, the initial local Agent remains responsible for processing registrations of the trademarks, defending Oppositions (if any), providing address for local service of documents, and applying and processing the renewals of the trademarks. However, a local Agent/Attorney may be replaced or substituted by executing another Power of Attorney/Authorization of Agent Form in favour of the succeeding Agent. NO formal notices are necessary and the Agent with the more recent Authorization is deemed to be the one with powers to act thenceforth.

  2. After filing the application for trademark, the Registrar issues an official acknowledgement letter reflecting the official number and filing date of the application and other necessary information. 

  3. A search is conducted from existing and pending registrations to confirm if the mark is available. The Registrar examines the application for registrability taking into consideration possible conflicts with prior registered or pending marks and inherent registrability of the mark. If the Registrar finds the trademark acceptable for registration, the applicant will be furnished with a letter/notice of acceptance.

  4. Every trademark application issued with an acceptance letter must be advertised in the Nigerian Trademark Journal, and is open to opposition for a period of two (2) months from the date of advertisement.

  5. If no opposition/objection is made within the specified two-month period or in the case where the application is opposed, the opposition fails, the applicant will proceed to apply and pay the prescribed fees for registration certificate. 

  6. The Registrar will issue the applicant with a certificate of registration after due process.


Note: Trademark registrations have an initial validity of seven (7) years, and are thereafter renewable every fourteen (14) years indefinitely. An application for renewal should be made not less than three (3) months before the expiration of the last renewal.

Further, a trademark may be registered either plainly (black and white) or in colour. However, where a trademark is registered in colour, the protection afforded the Mark is limited to the colour(s) registered. On the other hand, a plain or black and white registration affords protection to all colours of presentation of the trademark.

Can You File a Trademark Electronically in Nigeria? 

The government authorities introduced an Electronic Filing Method. While it is a convenient option, it can be quite challenging to use. 

As of the time of writing this piece, many applicants still go through agents to get their filings completed. For now, this is the best option. 

Conclusion 

Give your business more protection by registering your trademark. It's not enough to have a unique business name. Take it further with a brand identity that is solely yours. 

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