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 BUSINESS
Company 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 Nigeria
Trademark Information
Applicant’s details
The full range of goods covered or proposed to be covered by the trademark.
Power of Attorney/Authorization of Agent
To 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 Process
The process of trademark registration can be divided into three main stages for your convenience:
Conduct an Availability Search
The 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 Registration
If 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 Certificate
Once 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 Certificate
If 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 registered in plain (black and white) or color in Nigeria. However, where a trademark is registered in color, the protection afforded is limited to the colors registered, while plain registration affords protection to all colors of presentation of the trademark.
If you're looking to start a business in Nigeria, one of the essential requirements is business name registration. While this process was once quite cumbersome, it has now been streamlined, and it's no longer that hard to register a business name in Nigeria. In this article, we will give you a step-by-step guide on how to register a business name with the Corporate Affairs Commission (CAC).
The CAC is the institution responsible for business registration in Nigeria. Established in 1990 under the Companies and Allied Matters Act, the CAC is an autonomous body charged with the regulation and management of companies in Nigeria.
Requirements to register your business in Nigeria.
To successfully register a business in Nigeria, it is essential to provide the following documents:
Email address and phone number of the proposed company
Registered address of the company
Identification documents (e.g., International Passports, National Identity Cards, Driver's licenses) for directors and shareholders
Name reservation approval note from the CAC
Objects of the company
Full names, occupations, residential addresses, and dates of birth of directors and shareholders
Stamp duty and statutory fees
Incorporation certificate and company resolution (if another registered company is a subscriber or shareholder)
Make sure to have these documents in order to register your business hassle-free in Nigeria.
To register your business name with the CAC, follow these simple steps:
Steps to Register a Business Name in Nigeria with the Corporate Affairs Commission (CAC)
Registering a business in Nigeria is a necessary step to formalize your enterprise. The Corporate Affairs Commission (CAC) is the body responsible for the registration of businesses in Nigeria.
Step 1: Conduct a Name Search
The first step in registering a business name is to conduct a name search to ensure that the proposed name is available and not already registered by another company. To do this, visit the CAC website and fill out the online form for name reservation. The CAC will conduct a search and inform you if the name is available.
Step 2: Prepare Required Documents
After the name search, you will need to prepare the required documents for registration. These include the email address and phone number of the proposed company, the registered address of the company, and identification documents of the directors and shareholders such as International Passports, National Identity Cards, Driver’s licenses, etc.
Step 3: Obtain Name Reservation Approval Note
Once you have completed the name search and prepared the necessary documents, you need to obtain a name reservation approval note from the CAC. This approval note confirms that your proposed company name has been reserved and is available for registration.
Step 4: Complete the CAC Form
Next, complete the CAC form, providing details such as the objects of the company, directors and shareholder’s full names, occupations, residential addresses, and dates of birth.
After completing the CAC form, you will be required to pay the required fees. The fees include stamp duty and statutory fees. The amount you pay depends on the type of company you are registering, as well as the authorized share capital.
Step 6: Submission of Documents
The next step is to submit the completed CAC form and all other required documents to the CAC office. You can do this online or by visiting the nearest CAC office.
Step 7: Verification and Approval
The CAC will verify the documents submitted and, if everything is in order, approve the registration of your business name. This process can take up to two weeks.
Step 8: Obtain Incorporation Certificate
Once your registration has been approved, you will need to obtain an incorporation certificate from the CAC. This certificate confirms that your company has been registered with the CAC and is now recognized as a legal entity.
Step 9: Register for Tax Purposes
The final step in registering your business is to register for tax purposes with the Federal Inland Revenue Service (FIRS). This will enable you to obtain a Tax Identification Number (TIN) which is necessary for conducting business in Nigeria.
Costs Involved in Registering a Business Name in Nigeria
The cost of registering a business name in Nigeria varies depending on the type of company and the authorized share capital. Registration of a private company with an authorized share capital of N1m or less, costs N10,000. For a private company with a share capital of more than N1m and up to N500m, the cost is N5,000 for every 1m shares of the company. Private company registration above N500m authorized share capital costs N7,500 for every 1m shares of the company. Public company registration for the first 1m share capital or fewer costs N20,000. Registration of a company not having a share capital costs N20,000.
In conclusion, registering a trademark, brand or business name in Nigeria is a crucial step towards protecting your intellectual property rights and ensuring the longevity and success of your business. With the right knowledge and guidance, the process can be simple and straightforward. Here are some key takeaways:
Conduct a comprehensive search to ensure that your chosen trademark or business name is available for registration.
Choose the right classification for your product or service to avoid potential conflicts with other businesses.
File your application with the Nigerian Trademark and Patent Registry and pay the required fees.
Ensure that your application is complete and accurate to avoid delays or rejection.
Engage the services of a qualified trademark agent or attorney to assist with the registration process.
Keep track of your registration timeline and renew your trademark or business name when necessary.
Monitor your trademark or business name to detect and respond to any potential infringement.
Take legal action against any infringers to protect your rights and preserve your brand reputation.
Always stay up-to-date with Nigerian trademark laws and regulations to ensure compliance and avoid potential legal issues.
In summary, registering a trademark, brand or business name in Nigeria is a critical step towards protecting your business and ensuring its success. By following the steps outlined above and seeking expert guidance when needed, you can safeguard your intellectual property and build a strong, recognizable brand that will stand the test of time.
