Brand It Before They Steal It: Your Guide to Trademark Registration in Nigeria

Imagine you're in Lagos, Abuja, or Enugu, choking on smoke and spices from your small but mighty restaurant business - you named it "Mama Chukwu Ofe Akwu Bukka." Your soup recipe is finger-licking, and people travel from other towns and cities to come and have a plate. 

One day, you wake up to see a big restaurant chain using your brand name. To make it worse, they have gone all out, complete with your logo. Since they have deeper pockets, they’ve mounted your logo on towering billboards all over town. Worse, they've trademarked it. 

Now, strong-willed lawyers in crisp suits are knocking on your door - they tell you that you can't use your business name or logo anymore.

Anyone can snatch your trademark from you. However, there are legal safeguards against these kinds of illegal acts. That's where this guide comes in. If you don't want to lose your business identity and perhaps lose sleep like Mama Chukwu, then follow through as I walk you through the steps to register your trademark in Nigeria.

Trademarks in Nigeria

A trademark is a distinctive symbol or indicator utilized or intended for use in connection with products. Its purpose is to signify a commercial relationship between the goods and an individual or entity possessing the legal right to employ the mark. Trademarks are identifiers and this right helps to distinguish your goods and services from the goods and services of another. 

This right may be held by the owner or a registered user of the trademark. The mark can be used with or without explicitly identifying the person or entity associated with it.

In Nigeria, the law that protects trademarks is the Trademark Act. The Nigerian Trademarks, Patents, and Designs Registry is the specific body charged with the responsibility of filing and registering trademarks, Patents and designs in Nigeria and this body is regulated by the Federal Ministry of Trade and Investments.

Why trademark registration is important in Nigeria

• Sole usage rights: Registration provides you with exclusive rights to utilize the mark within Nigeria. With this right, you can ward off offending third parties from the unlawful use of your mark and can file an infringement action in court against them.
• Distinctiveness: Registering your trademark safeguards your brand's unique identity, preventing others from adopting similar marks.
• Legal safeguards: Registered trademarks are legally protected. This allows the holder to take legal action against infringers. Using our earlier example, if Mama Chukwu Ofe Akwu Bukka had formally trademarked her brand, then she could sue the restaurant for using her name without permission. 
• Brand enhancement: A registered trademark enhances your brand's perceived worth and trustworthiness.
• Deters copycats: Since you have legal protection, makers of counterfeit goods will stay away from your brand. Anyone who needs to use your brand name will need to get authority from you.

In a nutshell, trademarks serve a broader purpose by encouraging global innovation and enterprise. They offer recognition and financial benefits to trademark owners. They also prevent unfair competition, including counterfeiters who attempt to use similar distinctive markings for inferior or unrelated products or services. 

Trademark protection ensures that people can produce and market their offerings in a fair environment, fostering global trade and rewarding innovation. Ownership of the trademark continues indefinitely, provided you renew the trademark as required.

Trademark registration process in Nigeria

To register a trademark in Nigeria, you need to submit your application to the trademark registry. This is located at the Ministry of Industry, Trade, and Investment in Abuja. You can decide to file as an individual or  as a corporate body.

It is important to note that your trademark must meet certain rules. It needs to be unique for your products and services. It also must not be misleading, illegal, offensive or contrary to public policy or morality. It should also not resemble existing trademarks. In addition, to ensure your trademark is unique, an availability search needs to be conducted at the Registry.  

So, what process will "Mama Chukwu Ofe Akwu Bukka" follow to register her trademark? What documents will she need?

Documents needed for trademark registration in Nigeria

The very first step in trademark registration is to decide the name or design that one wants to protect. Once we have the element that we want to trademark, we can proceed to organize the needed documents. 

1. Applicant's information

Here, you will provide the name(s) and physical address of the applicant, as well as your nationality, email address, and phone number. 

2. Trademark details

Next, you must submit a clear image of your trademark. If you're applying online, use a JPEG file with a resolution of at least 1200 dpi, ideally sized at 120px by 100px.

3. Goods and services classification

Classify your goods or services using the Nice International Classification system. Remember, each class requires a separate application.

4. Legal authorization

Don't forget to include a signed Power of Attorney with all your details. If you're applying as a company, add the name and position of the person signing. 

Conduct trademark search

Before registering your trademark, it's important to ensure it doesn't infringe on any existing ones. This is done through a preliminary search, also called an availability search or knockout search.

This process involves checking the existing database to see if your trademark is already in use or similar to others. If the search shows your mark is available, you can apply for trademark registration. Just make sure to do it within the set time frame. 

However, to conduct this search, you need to be an approved agent of the trademark registry. The primary method for conducting a trademark search is through the online system of the Intellectual Property Office, also referred to as the Trademarks, Patents, and Designs Registry. 

While registered users can perform these searches electronically for a fee, the traditional approach involves a manual, in-person search at the Trademarks, Patents, and Designs Registry located in Abuja. This physical search process remains the standard practice despite the availability of online options.

Once you have conducted your search and established there are no infringements, we can now proceed to file. Nigeria offers an electronic filing system, allowing convenient application submission from any location. 

Foreign trademark applicants in Nigeria

If you’re a foreign applicant, you need to engage a Nigerian attorney who makes the process easy. This representative files and manages applications at the Nigerian Trademark Registry. 

The applicant signs a Power of Attorney or Agent Authorization Form, empowering the local agent to act on their behalf. The appointed agent submits all official documents, handles registrations, and manages trademark renewals. 

Agents can be changed by executing a new authorization form, with the most recent appointee assuming authority. They also need to be accredited to be given authority to file trademarks on behalf of their clients.

Application and examination

Individual applicants need to sign up on the Ministry of Trade and Investment's dashboard, which allows new applications to be entered. The portal is also used to update and renew trademark information.

Upon submission of your details, the registrar issues an official acknowledgment letter detailing the application number, filing date, and trademark information. 

A search is conducted to verify trademark availability. This is why it’s important to do your search first to prevent your application from being shot down at this stage. If deemed acceptable, the applicant receives an acceptance letter.

Advertisement and opposition

Applications that satisfy the examiners are published in the Nigerian Trademark Journal. What follows is a two-month period for opposition. If no objections arise or oppositions fail, the applicant proceeds to pay registration fees.

Applicants receive immediate electronic acknowledgment upon payment. Payments can be made via Quickteller using debit or credit cards. Pre-generated invoices are available through a platform for local agents.

Registration and renewal

After successful processing, the registrar issues a registration certificate. Renewal applications should be submitted at least three months before expiration.

Costs of registering a trademark in Nigeria

The initial cost of registering on NIPO as an individual is about ₦13,500 (about $9), payable after screening your documents. To register as a corporate body, the fee is ₦23,500 (about $16).

The trademark fees are updated on the NIPO website. 

Can I register a trademark myself in Nigeria?

The registration of a trademark can be completed by the owner or through a representative. However, if the owner isn’t a citizen of the country, they must employ an agent to handle the registration process.

What cannot be trademarked in Nigeria?

In Nigeria, trademarks cannot be registered for symbols that are misleading or offensive. Others include common terms like bread or sugar and descriptive phrases, such as creamy yogurt. Also, you can't trademark ordinary geographical names or chemical compounds.

What is the lifespan of a trademark in Nigeria?

According to the Trademark Act LFN 2004, specifically Section 23(1), a registered trademark is initially valid for a period of 7 years. After this initial term, the trademark can be extended for an additional 14-year period through renewal. Each subsequent renewal lasts for fourteen years.

Do trademarks expire in Nigeria?

In Nigeria, trademarks remain valid for a period of 7 years from the date of filing. After this initial term, they can be renewed for consecutive 14-year periods. To maintain registration, a renewal application must be submitted 3 months prior to the trademark's expiration date.

Protect your brand today, don't let another "Mama Chukwu" happen to you!

You've poured your heart and soul into creating a business, only to discover someone else is using your brand name. This was a harsh reality for Mama Chukwu, but it doesn't have to be your story. Securing your trademark isn't just a legal step - it's a way to safeguard your brand, prove ownership, and create a lasting business legacy.

Nigerian businesses are flourishing across the country, from Lagos to Abuja and Enugu to Port Harcourt. However, without proper trademark registration and legal advice from experts, these businesses are at risk. The good news is that you don't have to tackle this process on your own. While trademark registration may seem complex, it's a straightforward and valuable process with proper guidance.

Additional resources

• Do I Need to Hire a Trademark Attorney?
• 5 Tips to Speed up the Trademark Process
• Comprehensive Trademark Searches: Are They Worth It?
• 5 Ways to Make Money From Your Trademark

Glossary of legal terms

• Trademark: A distinctive sign, logo, name, or symbol used to identify and differentiate a business's goods or services from others.
• Intellectual Property (IP): Legal rights that protect creations of the mind, including trademarks, copyrights, and patents.
• Infringement: Unauthorized use of a registered trademark, leading to potential legal action.
• Exclusive rights: The legal authority granted to a trademark owner to use the mark and prevent others from using a similar or identical mark.
• Classification of goods and services: The categorization of trademarks based on the type of goods or services they represent, following the Nice Classification system.
• Power of Attorney: A legal document that authorizes an agent or attorney to act on behalf of a trademark applicant.
• Certificate of registration: An official document issued by the Nigerian Trademark Registry confirming the successful registration of a trademark.
• Generic mark: A trademark that has become too common or descriptive, losing its distinctiveness and legal protection.