Author: Margaret Ogbonnah.

Introduction.

Nigeria, boasting the title of Africa’s most populous nation and the largest economy on the continent, is experiencing a remarkable surge in its service sector, accompanied by a growing demand for consumer goods. Against this backdrop, the significance of trademark registration becomes increasingly apparent.

Navigating the trademark landscape in Nigeria involves adherence to the Trade Marks Act, Cap T 13, Laws of the Federation of Nigeria 2004 (“TMA”), and the Trademark Regulations 1990. Within this legal framework, a ‘mark’ is expansively defined to encompass devices, brands, headings, labels, tickets, names, signatures, words, letters, numerals, or any combination thereof.

Trademarks, serving as identifiers to distinguish the origin of trade goods, are subject to registration under Nigerian law. This process categorizes goods into thirty-four international classes, prohibiting multi-class applications and requiring separate submissions for each class. Notably, unlike in certain jurisdictions, the utilization of a trademark is not obligatory for its registration in Nigeria.

The custodian of trademark administration resides within the Trademarks, Patents, and Designs Registry, operating under the aegis of the Commercial Law Department of the Federal Ministry of Trade and Investment. Whether initiated by the proprietor or their agent, the application process adheres to strict guidelines, mandating local representation for foreign proprietors.

Navigating the intricacies of trademark registration in Nigeria is a crucial step for individuals and businesses seeking to protect their intellectual property. This article aims at explaining the process by providing a comprehensive overview of the key steps involved.

Registrability of Trademark

Registration of a trademark gives the owner the exclusive right to the trademark in respect of particular goods or classes of goods to which it was registered. Such a right is deemed to be infringed by any other person who uses the mark or any other mark which is identical to the mark and is likely to deceive or confuse the public in the course of trade about any goods in respect of which the mark was registered.

For a trade mark to be registrable, the mark must contain one of the following:

• The name of a company, individual, or firm represented in a special or particular manner;
• The signature of the applicant for registration or some predecessor in his business;
• An invented word or invented words;
• A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or surname;
• Any other distinctive mark;

Failure to comply with any of these requirements constitutes grounds for refusal of the trademark application. Other grounds for refusal are:

• That the mark is deceptive or scandalous, contrary to law or morality.
• An absolute ground objection can be resolved by making representations, either oral or written to the Registrar or by amending the proposed trademark application, where applicable.
• That the mark contains a word that is the commonly used and accepted name of any single chemical element or single chemical compound, as distinguished from a mixture with respect of a chemical substance or preparation

Requirements For Registration of Trade Mark In Nigeria.

The following are required for the registration of a trademark in Nigeria

• Details of the applicant/proprietor – including name, nationality,
• Prints or a representation of the proposed trademark.
• Class and specification of goods or services for which the trademark is to be registered.
• Authorisation of Agent (Power of Attorney) signed by the applicant and where the applicant is a body corporate, by an officer duly authorized to do so. No legislation or notarization of this document is required.

Procedure For Registration of Trade Marks In Nigeria.

Searches should be conducted to determine the availability of a trademark before any application for registration is made. On receiving the application, the Registrar will issue an Acknowledgement Form confirming the receipt of the application by the Registry and the temporary number allocated to the trademark, pending registration and allocation of a permanent registration number.

Examination of Trade Marks For Registration in Nigeria.

The Registrar in charge of Trade marks will examine the Trademarks Register to confirm that there is no earlier conflicting trademark that may preclude the registration of the mark. The Registrar’s examination shall also extend to whether the mark is distinctive, deceptive, scandalous, or in any way disallowed as containing names of a single chemical substance, prohibited words, Arms of Nigeria or state, national flag, ‘President’, ‘Governor’, Arms of City, Town, Place, Society, Names of living persons or persons recently dead except with permission.

If the Registrar is satisfied that the mark may be registered, an Acceptance Form will be issued. This is usually within 3 weeks after the issuance of the Acknowledgment. Otherwise, a Refusal Form will be issued. After acceptance, the application will be published in the Trademarks Journal to notify any interested party who may have an objection to the registration. Publication of the mark in the trademark journal is usually within 12 -18 months after the issuance of the Letter of Acceptance.

Opposition To Registration of Trade in Nigeria

The law provides in sections 20, and 21 of the Trade Mark Act that any interested party may file an objection by giving a notice of opposition within two months of the publication in the trademark journal. It is important to note that this period is non-extendible. The opposition hearing takes place before the Registrar, who shall after hearing the parties and considering evidence take a decision. The decision of the registrar in this regard may be appealed to the Federal High Court.

Registration of Trade Marks in Nigeria.

The law provides in Section 22 of the Trade Mark Act that where there are no third-party objections to the registration of a trademark within the opposition period or where the objections are resolved in favor of the applicant, the Registrar shall issue the applicant with a Certificate of Registration. The registration of a trademark takes effect retrospectively from the application/filing date. Thus, although an applicant’s rights start upon registration, the same take effect retrospectively. The registration of a trade mark shall be for a period of seven years but may be renewed from time to time for a period of fourteen years.

Duration And Renewal of Trade Marks in Nigeria

Trademarks are registered for an initial period of seven years from the date of the application for registration. After this, they can be renewed for subsequent periods of fourteen years.

 Assignment of Trade Marks in Nigeria

Section 26 of the Trade Mark Act provides for assignment and transmission of registered trademarks either in connection with the goodwill of a business or not. It is also assignable and transmissible in respect either of all the goods in respect of which it is registered or was registered, as the case may be, or of some of those goods. Every assignment of a registered mark must be recorded in the Trademark Registry.

Revocation of Trade Marks in Nigeria

1. The Act provides in section26 that trade mark can be revoked or taken off the register on an application made by any person concerned on the following grounds:

• Non-use, on the request of any person concerned, if it can be established that the mark was registered without any bona fide intention to use, and there has in fact been bona fide use of the trademark;
• Non-use, during a continuous period of at least five years during which the trademark was registered;
• If the entry has been made in the register without sufficient cause;
• Non- compliance to the registrar’s statutory notice to renew by the registered proprietor

Upon removal from the register, the trade mark proprietor or user ceases to have any right in relation to the goods in respect of the trade mark, which was removed from the register.

Conclusion.

It is imperative to state that while the process of registering trademarks in Nigeria may seem complex, the benefits of securing a trademark in Nigeria far outweighs the challenges. To be completely safe during the process of registration, seeking professional guidance, when necessary, is advisable, in order to have a smoother and more successful registration experience.

REFERENCES

2. Section 9 of the Trade Mark Act. 
3. Section 11 of the Trade Mark Act.
4. Section 12 of the Trade Mark Act
5. Section 17 of the Trade Mark Act,
6. Section 18 of the Trade Mark Act
7. Section 20 of the Trade Mark Act.
8. Section 21 of the Trade Mark Act
9. Section 22 of the Trade Mark Act
10. Section 23 of the Trade Mark Act
11. Section 26 of the Trade Mark Act
12. Section 27 of the Trade Mark Act.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.