How to Register a Trademark in Nigeria

If you are looking for an extra layer of protection for your business or brand assets, then you should register a trademark. In this article, you will learn the correct definition of what a Trademark is, who can register a trademark and how to register a trademark in Nigeria.

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What is a Trademark?

A trademark (trade-mark) is any word, combination of words, logo or symbol that is peculiar to a brand. It differentiates your products or service from other offerings in the market place. Sounds, colours, shape and smell can also be trademarked.

There are different companies that produce Milk in Nigeria but when you hear the word “Peak Milk”, only one brand comes to mind and there’s a certain expectation of quality or when you see the image of a cow wearing a bell, you remember one brand.

Also, when you hear the word “Oraimo”, only one mobile phone accessories and home appliance brand comes to mind.

A trademark is what people see or hear to identify and associate with a specific brand, product or service.

Benefits of Registering a Trademark in Nigeria

There are certain benefits that come with registering a trademark in Nigeria. In this part of the article, we will share some of these benefits with you;

Exclusive Ownership and Legal Rights

When you register a trademark in Nigeria, your business or brand gains the exclusive right to use the mark (word, logo, slogan).

No other business in your industry can use the same or a similar mark to represent their brand.

For another brand to use your trademark, they need a licence or assignment from you, the owner. An assignment means transferring ownership of your rights to a trademark.

Increased Business Value

A trademark is an intangible asset to your business. It increases the value of your business in so many ways;

1. Businesses that have trademarks have higher resale value.
2. Exclusivity: Your brand is yours alone. Nobody can create the same brand or something similar.
3. If you decide to sell your business in the future, investors have more confidence in your business because they are buying a brand that is protected by law.
4. If you take it a little further by registering your trademarks in other countries, you can expand your brand’s global reach while maintaining the same brand identity and unlock new markets for growth and revenue.

You do not get this kind of value by registering a business name alone.

More Revenue Stream

As a trademark owner, after building a reputable brand with your name or mark, you can licence other business owners to use it while generating additional income and maintaining control of how your brand is represented in the marketplace.

Take K.C gaming networks ltd, owners of Bet9ja as an example. They own the trademark for the word “Bet9ja” and have licensed it to other operators or agents across Nigeria, allowing them to use the brand name in betting shops while maintaining strict control over its reputation and standards.

Another great example are restaurants and fast food chains across the country like Chicken Republic, Mr Biggs, Dominoes etc, they are able to run the franchise model and earn more revenue because they own the trademarks to their brands.

How to Register a Trademark in Nigeria

There are several steps to registering a trademark in Nigeria.

Name

The first step to registering a trademark is to create the name, logo or item you want to Trademark. If it’s a word, our article on how to generate a business name can help you choose a brandable name that can be trademarked.

Choose a Class

A class is a category that defines the type of goods and service your trademark will protect. There are 45 trademark classes, choose the one that best describes what your product or service is about. 

If you are having troubles selecting one, we can discuss and give you suggestions.

Get a consultant

The preceding steps should be done by a reputable consultant. 

At GrowthPal, we can help you register your trademarks without any hassle, helping you through the process from trademark search to acceptance letter or final certification with expert support, tailored to your business needs.

After payment and provision of the word or logo you want to trademark, you will get the acceptance letter within 21 working days.

Trademark search

More than 70% of trademarks done at the IPO are for words so this article will be centred more on how to trademark a word or name.

After making payment to GrowthPal for your trademark registration, we will conduct a search at the trademark registry to confirm if the mark can be registered under the class you chose.

Once the search is done, we will send you the result of the search. The result will determine if we can proceed with the registration.

Filling and Submission

If the result is clear, showing no conflicting trademarks, we can move forward with filing your application confidently.

To file your application, a form will be sent to you to fill. You can manually or digitally fill this form, append your signature and send it back to us.

Immediately we receive the form, we will commence the registration and submit your application to the Nigerian Industrial Property Office which is under the Federal Ministry of Industry, Trade and Investment.

Upon completion of this phase, you will get an acknowledgement letter.

Approval

The next step is to wait for approval from the Nigerian Industrial Property Office. During the process of the trademark approval, your application will undergo three stages;

The registry will commence another search. Since GrowthPal has done a search for you, there’s nothing to worry about at this stage.

In the second stage, an examiner will examine the mark to confirm if it is conflicting with existing trademarks, ensuring it is distinctive from other marks in the same class and eligible to be trademarked under the Nigerian Trademark Acts.

If the mark passes the first two stages, then it will be approved by the examiner for publication which is the final stage under the approval process.

Acceptance letter

The acceptance letter serves as evidence that the trademark has been registered. When you register your trademark with GrowthPal, A copy of the Trademark acceptance letter will be sent to your email.

Publication

The trademark registry will publish a journal displaying a list of recently approved trademarks. The journal is for individuals or organisations with registered trademarks to cross-check if any newly approved trademarks infringes on their existing trademarks or could create potential conflicts.

In a case where an existing trademark could cause conflict with a newly approved trademark, an opposition must be filed within two months of the journal publication.

If an opposition is filed, GrowthPal will be notified and we will convey this message to you, the applicant. For such a scenario, the applicant is expected to respond with a counter statement within a month of receiving the notification.

The time frame from when the trademark acceptance letter is ready to when the publication is made could take up to 6 or 12 months.

Certificate

In the absence of an opposition or where opposing parties resolve any dispute in favour of the applicant, a certificate for the trademark will be issued.

What to do if your proposed name/mark has been registered

In a situation whereby the word or mark you want to trademark has already been trademarked by another individual or company, there are two solutions to this, you have to come up with another name, or you can reach out to the trademark owner to purchase the rights or negotiate a licensing agreement.

Extra Tip

Your trademark is only protected in the country where it is registered. If you plan to expand your business to other countries, it is best to also register your trademark in those countries as soon as possible.

Frequently Asked Questions on Trademark Registration in Nigeria

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