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    • Nigeria

    TRADEMARK REGISTRATION IN NIGERIA

    Our Nigerian trademark practice was developed as a result of the firm’s long-standing professional engagement with local IP consulting projects and community-oriented initiatives, including  trademark procedures, as well as recruitment of Nigeria-based professionals – engineers and researchers. This combination allowed us to build practical in-house experience with Nigerian trademark prosecution and ensure consistent quality of service in line with the standards we apply across other jurisdictions. Registering a trademark in Nigeria is an essential step for any business or individual seeking to protect and strengthen their brand identity in the biggest and one of the most rapidly developing markets in Africa. A registered trademark grants its proprietor exclusive rights to use the mark in connection with specific goods or services and serves as a legal basis to prevent or take action against unauthorized use or infringement.  Although the process involves several procedural requirements, engaging a qualified trademark attorney or accredited agent ensures compliance with Nigerian law and facilitates a smoother registration process.

    The ways to obtain the exclusive right to a Trademark:

    In Nigeria, a trademark shall be granted legal protection by virtue of a national registration in accordance with the order established by the Law.

    The following should be taken into account for registration of a trademark in Nigeria:

    LEGAL FRAMEWORK AND PROTECTION

    Trademark protection in Nigeria is primarily obtained through registration with the Trademarks, Patents, and Designs Registry, which operates under the Federal Ministry of Industry, Trade, and Investment. Both Nigerian and foreign applicants are eligible for registration; however, foreign proprietors must act through a locally accredited agent.

    APPLICANT

    Anyone claiming to be a proprietor of a trademark may apply for the registration. Nationals and foreigners have equal right in this regard, but a foreign applicant is required to appoint a Nigerian trademark agent/attorney to manage all communications and filings with the Registry on their behalf.

    CLASSIFICATION OF GOODS/SERVICES

    The International (Nice) Classification of goods/services (latest edition).

    POWER OR ATTORNEY REQUIREMENTS

    PoA should be provided with the position and name of the signatory, date and place of signing, authorized by the company stamp. Notarization or Legalization is not required.

    PoA signed by legal representative and not authorized by the company stamp should be submitted with the document confirming authorization of the representative to authorize documents on behalf of the company.

    When filing through an agent, a Power of Attorney (POA) or authorization form must be provided. This document does not require notarization or legalization but must bear the original signature of the applicant.

    PROCEDURE

    The procedure for obtaining Trademark registration in Nigeria is full examination of the Application. The first stage after filing is formal examination, and the second stage is the substantive examination.

    TRADEMARK SEARCH 

    Trademark search is not obligatory for Trademark Registration in Nigeria, but it is highly recommended in order to avoid confusing similarity of claimed designation to already registered and applied marks, which can result in a refusal. In Nigeria, trademark searches are carried out manually at the Trademarks, Patents and Designs Registry, rather than through an automated online database.

    Considering the search results and evaluations of our experienced Nigerian Trademark Agent/Attorney, it would be possible to estimate the risks of receiving a refusal and evaluate the possible strategies to overcome it as well as the chances of success.

    In this estimation the following factors would be assessed:

    • The similarity of the designation to any existing trademark phonetically, semantically or by a visual criterion.
    • The similarity in the nature of the applied goods/services, similarities in their intended purpose as well as method of use.
    • It will also be assessed if any similar goods/services are in competition with the applied goods/services or related.
    • Other factors, which would be considered are the distribution channels of said similar goods/services and if the degree of similarity is to the point of causing confusion in the views of the general public.
    • The probability of the refusal on absolute grounds, such as a lack of distinctiveness and/or misleading character as to the goods manufacture, origin of goods etc.

    This preliminary assessment of the protectability of the mark assists the applicant to avoid unnecessary costs, while considering all available options in obtaining protection for the mark.

    APPLICATION FILING:

    The following information and documents are required for Application filing in Nigeria:

    • Full name, nationality, and address of the applicant;
    • A clear representation of the mark (word, logo, device, or combination);
    • List of goods/services in compliance with the latest edition of the Nice Classification;
    • A signed Power of Attorney or authorization form.

    EXAMINATION

    Formal examination: The formal examination entails checking the compliance of the application and accompanying documents with statutory requirements.

    Substantive Examination: In the substantive examination, the mark is thoroughly examined in respect of distinctiveness, similarity (or being identical) with existing marks on the Register of Trademarks Act (Cap T13, Laws of the Federation of Nigeria 2004), and compliance with the requirements of the Trademarks Regulations 1967.

    Refusals: In case of a refusal, our Nigerian agent/attorney will carefully review the refusal to provide a Legal Opinion and discuss it with the Applicant or representing attorney, options available in overcoming the said refusal.

    TIME FROM FILING TO REGISTRATION:

    If no obstacles, from twelve (12) to twenty-four (24) months.

    OPPOSITION

    Once accepted, the trademark is published in the Trademarks Journal to notify the public. From the date of publication, third parties have two (2) months to file a notice of opposition, stating their grounds (such as prior use or likelihood of confusion). If no opposition is filed within the prescribed period, or if any opposition is resolved in favor of the applicant—the application proceeds to registration.

    PROTECTION TERM

    The registration is valid for seven (7) years from the filing date.

    RENEWAL REQUIREMENTS

    The validity of a Trademark can be extended through a request for a renewal.

    The renewal is valid for fourteen (14) years. The renewal request can be submitted within six (6) months prior to the expiration date of the trademark.

    The registration may be renewed within a six-month period following its expiry, provided that an additional official fee is paid for the late renewal.

    The following information and documents are required for renewal:

    • Power of Attorney;
    • The number of the trademark certificate;
    • Payment of relevant official fees.

    DECLARATION OF USE

    Not required.

    NON-USE GRACE PERIOD

    A registered trademark may be subject to cancellation if it remains unused for a continuous period of five (5) years following registration, unless the proprietor can demonstrate valid reasons for non-use, such as import restrictions or circumstances beyond their control.

    KEY CONSIDERATIONS 

    Trademark rights in Nigeria are territorial, effective only within the country. Conducting a preliminary search helps minimize the risk of conflict with existing marks. Registration provides the legal foundation for enforcement against infringers. Timely renewal and recordation of changes are critical to maintaining valid rights.

    CONCLUSION

    Trademark registration in Nigeria is not only a fundamental component of brand protection, but also a strategic requirement for companies planning to enter or expand within this jurisdiction. As the continent’s biggest economy, Nigeria offers access to a highly competitive and promising commercial environment with a population of more than 200 million consumers. Ensuring proper trademark protection allows rights holders to safeguard their brand from infringement, secure exclusive rights, and build a strong and recognizable market presence in this high-potential jurisdiction. Engaging an experienced trademark attorney or accredited agent helps applicants navigate the regulatory framework efficiently and secure long-term protection for their intellectual property assets. Engaging an experienced trademark attorney or accredited agent helps applicants navigate the regulatory framework efficiently and secure long-term protection for their intellectual property assets.