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Deon · 2023-03-24T11:30:05Z

In Nigeria, a trademark is a distinctive word, phrase, symbol, or design, or a combination of these elements that differentiate the origin of goods or services from one party to another. Once registered, a trademark owner has several rights, including the ability to take legal action against anyone using the registered mark without permission, license or sell the trademark, and legally display the ® symbol to show ownership and warn others against using it. The Trade Marks Act and the Trade Mark Regulations made pursuant to it are the legislation that governs trademark registration in Nigeria. The Trademarks, Patents And Designs Registry, Commercial Law Department, Federal Ministry Of Industry, Trade And Investment is the government agency responsible for the registration of trademarks. Applications are submitted to the Registrar of Trade Marks, and the Department is charged with handling applications for trademark registration and other related matters.Under the Nice Agreement, Nigeria classifies trademarks under 45 classes, meaning a trademark must be registered under the most relevant category. Only accredited individuals or companies can register trademarks under Nigerian law. If you wish to register your trademark, you need to engage the services of an accredited agent.REGISTER YOUR COMPANY OR BUSINESSCompany or business registration is needed before you can register a brand name. We recommend you visit EB Consult online here for reliable business name and company incorporation online with ease in Nigeria, and they deliver fast results.To be eligible for registration, a trademark must contain or consist of at least one of the following essential particulars: the name of a company, individual, or firm represented in a specific or particular manner; the signature of the applicant for registration or some predecessor in their business; an invented word or words; a word or words having no direct reference to the character or quality of the goods and not being a geographical name or surname according to their ordinary meaning; or any other distinctive mark.Requirements for Trademark registration in NigeriaTrademark InformationApplicant’s detailsThe full range of goods covered or proposed to be covered by the trademark.Power of Attorney/Authorization of AgentTo register a trademark in Nigeria, the applicant's details, trademark information, and the full range of goods covered or proposed to be covered by the trademark must be provided. Additionally, a power of attorney or authorization of agent must be submitted.Registering a trademark is essential to have exclusive use of it in Nigeria. Unlike copyright, trademark protection does not vest automatically in the owner. Not registering a trademark means that you do not have exclusive rights to use it, and the only possible recourse would be an action for the tort of passing off. Thus, registering a trademark is crucial.Application ProcessThe process of trademark registration can be divided into three main stages for your convenience:Conduct an Availability SearchThe first step is to carry out a search to determine whether there are any registered marks that are similar to your proposed mark. By doing this, you can decide whether your mark can be registered or not.Apply for Trademark RegistrationIf no similar mark is found, you may proceed with the registration process. If the application is considered registrable, the registry issues a Letter of Acceptance, which serves as an approval in principle. Following this, the mark is advertised in the Trademarks journal published by the Trademarks Office.Apply for a CertificateOnce the proposed mark has been advertised, an interested party may oppose the registration of the mark within two months of the advertised journal. If no objections are raised within the two-month period, you may then apply to the Registrar for a Trademark Certificate.Receive the CertificateIf there are no objections received, the Registrar will issue the applicant with a certificate of registration. The Registration Certificate will reflect the date of initial filing as the date of registration.To ensure that the process goes smoothly, it's important to conduct a comprehensive search to identify any potential conflicts with existing marks. In addition, it's essential to provide accurate and complete information in the application, including the class of goods or services for which you are seeking registration.It's worth noting that the entire process can take several months, and it's important to be patient throughout. Additionally, it's recommended to seek the advice of a trademark attorney or agent to guide you through the process and ensure that your application is filed correctly.Remember that trademark registration provides you with important legal protections and can help establish your brand in the marketplace. Taking the time to complete the application process correctly can save you time and money in the long run.A trademark may be reg...

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[Sticky] How to register your brand or trademark in Nigeria

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Deon

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Dec 30, 2023 3:10 am

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I need it

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An eye for an eye left thousands blind,
Remember that.........

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Ernest

Dec 30, 2023 5:44 am

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CAC registration

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[Sticky] How to register your brand or trademark in Nigeria

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