Trademarks

Our services include the following

Clearance/Availability Search
Advice on Availability for Use and/or Registration
Filing Application for Registration – Regular/Series/Protective Trademarks
Maintenance of Registration – Renewal/Restoration
Recordal of Transfer/Licence – Assignment/Merger/User
Recordal of Change of Registered Owner’s Particulars – Name/Address/Legal Status
Amendment – Trademarks/goods specification/clerical error
Status Check – Search for details and/or status/verification
Third Party’s Action – Opposition/Rectification
Negotiation with a Third Party – Assign/Consent/Co-exist etc.

Trade Mark Filing System:

The Nigerian Trade Marks Registry runs two parallel system of filing – Manual (IPAS) and Online. The online filing system was introduced in July 2012.

Trade Marks Registration Procedure/Timelines:

Trademark registration procedure is in 2 stages in Nigeria:

Stage 1: FILING STAGE – Receiving instructions; preparation and filing of application papers for the registration; prosecuting the application up till publication in the Trade Marks Journals.
Stage 2: REGISTRATION STAGE – Services provided after publication in journal; attending to the payment of the final registration fees; obtaining and forwarding Registration certificate:

Stage 1:
Filing/Acknowledgement:
Upon filing an application for registration of a trademark and after verifying that the correct official fees have been paid,an Acknowledgement Form is issued in respect of the application; The Acknowledgment Form acknowledges that an application has been received at the Registry on a particular date, which serves as the official filing date of the trademark. The Form also details the mark, class, details of the applicant as well as the agent on record, if any.

Acknowledgement Letter issues immediately upon filing (for online application) and 1-2 weeks for Manual Application.

Substantive Examination:
The application is examined on both relative and absolute grounds of objection, and if cleared on both grounds, an Acceptance Form is issued. Where however, the application does not meet the requirements for registration, then a Refusal Notice is issued against the mark, stating the grounds on which such a refusal is based. Examination process usually takes between 2-6 weeks, sometimes longer, depending on the circumstances of the case.

Advertisement in the Trademarks Journal –
Once a mark has been accepted, it is mandatory that the application be advertised in the Trademarks Journal for 2 months before same can proceed to registration. Advertisement may take any time between 6 – 8 months.

Oppositions/3rd Party Actions-
The purpose of advertisement is to give any interested Party the opportunity to object to the registration of the advertised trademark within the two-month period, which is non-extendable.

Once a trademark has successfully passed through the advertisement stage, the same can then proceed to the stage 2 in the registration process.

Stage 2:
Sealing Fees:
At the expiration of the 2-month Opposition period and where no objection is filed against the application or an objection has been decided in favour of the applicant, the final Registration/Sealing fees will become due for payment. These fees must be paid in order for the Registration Certificates to issue. The registration certificate should issue within 6 – 8 months after payment of the fees.

Required Document:
Power of Attorney. This document does not require notarization/legalization as a simple signature of an authorized signatory will suffice.

Other general information required:

1. The Name, Address and Nationality of the Applicant;
2. The name of the trademark or representation of Device/Logo;
3. The class in which it is to be registered. Nigeria follows the International Classification of Goods & Services and multi-class application is not applicable.
4. The Specification of goods in the class. The general term “all goods included in the class” is not acceptable, and the specific goods for which the registration is sought must be indicated.