How To Own A Trademark Registration In Nigeria By Roland Uwakwe, Esq

The Law that governs trademark registration in Nigeria is the Trade Mark Act LFN 1990. Trademark is one important way to protect and distinguish someone’s trade symbols. If you successfully register a trademark, no other organization will use your trademark or else you can maintain a Passing Off Action against her.

A Trademark is a recognizable name or design, which is legally registered and used to identify and distinguish a product or entity from others. These may include name, slogan, domain name, shape, colour and logo.

There are three stages involved in trademark registration and they are:

a. Search and Application, b. Acceptance, C. Publication, and Certification

Search and Application

Just like a company registration with the CAC, The first step required to be taken for any person or organization desiring to register a trademark is to brief an Agent, usually a lawyer with the trademark or the description of a symbol or logo or design to be registered. A search is conducted on the trademark, and if it is not in conflict or too similar with any existing trademark, an application for the registration can proceed. The Registrar will issue an acknowledgment upon the recipient of any due application. It is worthy of note to state that different payments are to be made at this stage for search and application processing.

Acceptance

Whereupon an application has been approved after a successful search has been conducted, the Registry will accept, register the trademark and issue an Acceptance Letter to the applicant. The Acceptance Letter is initial evidence that the trademark has been duly registered.

Publication and Certification

This stage is usually tough especially when someone challenges your trademark. This stage begins with a publication in the trademark journal and certification. Upon the acceptance of the registration of a trademark, the Registrar will ensure the notice of the application is published in the Trademark Journal. Such notification will include the full details of the application and the applicant. By virtue of this publication, any interested person would have the opportunity to oppose or object to the registration. Any person or organization who considers that a trademark being sought may likely confuse or mislead the public in light of any pre-existing trademarks may protest to the Registrar to stop such registration by filing a notice of opposition in a prescribed form. Protests or oppositions containing the grounds upon which the protest is made must be sent to the Registrar of Trademarks within two months of publication of notice in a journal.

The Registrar will notify the applicant of any protest or opposition received. The applicant may respond to such opposition within one month from the date of receipt of such notice from the Registrar. An applicant who failed to respond to the opposition received with his or her own counter-statement may be deemed to have abandoned his or her application. Where Registrar received the response of the applicant stating why the applicant is entitled to such a trademark, the Registrar of Trademark shall constitute a Tribunal to determine the conflict in favour of one of the contending parties. Where there is no opposition to the publication in the journal, or opposition has been made and successfully resolved in favour of the applicant, the Certificate of Registration will be issued for the trademark sought.

NOTE: Trademark lasts for 7 years and can be renewed after expiration from time to time

Roland Uwakwe, Esq.