Brand Name, Patent, Logo, Slogan, Shape and Sound, which differentiates the goods and services of one business from another one is registered under Trademarks in Nigeria.

You can register your Trademarks with Office of Trademarks, Patents And Designs Registry, Commercial Law Department, Ministry of Industry, Trade and Investment, Abuja.

Registeration of Trademark in Nigeria can only be done through an accredited Agent, or you have to go through the process of accreditation yourself. Accreditation is a mandatory process for Law firms, companies, individuals and potential registrants who wish to act as agents.

The market practice in Nigeria is to instruct an accredited Attorney or Agent to file and process applications at the Nigerian Registry of Trademarks, Patents, Designs and Copyright. A Power of Attorney/ Authorization of Agent Form would be completed in favor of such Agent, as the enabling instrument to act for the Principal/ Applicant.

A Trademark may be registered either in black and white, or in color. However, where a Trademark is registered in color, the protection afforded the mark is limited to the colors registered.

After filling the application for the registration, the Registrar issues an official Acknowledgement reflecting the official number and filling date of the Application. A search is then conducted to ascertain the distinctiveness of the application from existing and pending registrations. If the search goes through, a letter/ notice of acceptance will be issued to the Applicant.

Every Trademark Application must be advertised in the Nigerian Trademark Journal, and is open to oppositions for a period of two months from the date of advertisement. If no objections are received, or if received, not sustained within the specific period, the Registrar will issue the Applicant with a Certificate of Registration.

Nigerian Trademark registrations have an initial validity of seven years, and are thereafter indefinitely renewable for periods of 14 years. An Application for Renewal should be made not less than three months from the due date.

The procedure for Trademark registrations in Nigeria takes long time because of the different stages involved in the process. It looks cumbersome to the uninitiated. It is always advisable to use the services of accredited agents for stress free registrations.

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