Legal Question in Intellectual Property in Nigeria

Product Registartion in Nigeria

INTRODUCTION

The registration of Trademarks is done at the Trademarks Registry, Abuja. A certificate of Registration is issued at the conclusion of the process. Nigerian Trademark law requires that a proposed trademark sought to be registered must be in respect of a particular good or classes of goods. When registered, the trademark is entered in the Trademark Register. The Register is divided into two (2) parts i.e. parts A and B.

For goods or a classes of goods registrable in part A of the Register, it must contain certain essential particulars especially evidence of distinctiveness in the trademark.

For a Trademark to be registrable in part B, it must be capable of distinguishing the goods in respect of which it is registered from the goods that have no connections with the Proprietor of the mark.

It should be noted that this division of parts is no longer of practical importance, as every trademark may now be registered in Part A.

It may be instructive to add that Nigeria adopts the international classification of goods.

Further Nigeria law does not provide for service mark registration.

DOCUMENTS AND INFORMATION REQUIRED

In order to facilitate the registration of a Trademark in Nigeria, our office can assist your company with the implementation of certain procedures and in that regard the following information and documents are important for the trademark to be registered within the shortest possible period:

1. The type of business and type of protection required from the registration.

2. Name and Address of the owners of the Trademark

3. Power of Attorney.

4. Search form

5. Form 2 - "Application for the Registration of the Trademark".

6. Form 1-"Authorisation of Agent".

6. Form 3 - "Additional representation of Trademark".

PROCEDURE

After the various forms have been filled and the filing fees paid, the Registrar will issue an acknowledgement form. This is evidence that the Registrar has accepted the application. Thereafter the Registrar will examine the application for registrability and also cause an official search to be conducted for similarity of an existing registered trademark or similarity with any pending application.

After Registrar has satisfied himself of eligibility of the mark, then a letter of acceptance will be issued to the company, thereafter the mark would be advertised in the trademark journal. The publication would include an invitation to persons wishing to object to the trademark application to do so within two (2) months of publication. If this period of time elapses and no objection have been made or, if made have been unsuccessful, the mark is then registered and the certificate of registration is issued.