PROCEDURES AND COST FOR TRADEMARK AND PATENT REGISTRATION IN NIGERIA

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PROCEDURES AND COST FOR TRADEMARK AND PATENT REGISTRATION IN NIGERIA

TRADEMARK REGISTRATION IN NIGERIA

TRADEMARK REGISTRATION NIGERIA

The trademark registration in Nigeria provided for by Trade Mark Act LFN 1990 is one important way to protect and distinguish someone’s trade symbols in Nigeria.

All individuals or entrepreneurs or companies should strive at all times to protect their business’ identities by registering unique symbols or trademarks of the business.

A Trademark is a recognizable name or design, which is legally registered and used to identify and distinguish a product or entity from others.

Some of the trademarks that can be registered include name, slogan, domain name, shape, colour and logo. The trademark is usually registered through the Trademarks, Patents and Designs Registry, Commercial Law Department of the Federal Ministry of Industry, Trade and Investment in Nigeria.

Trademark registration in Nigeria gives the owner the right to use such registration to exclude others from violating or willfully copying or usage by a third party without consent. A registered owner of a trademark may institute an action in Court to block any infringements or unauthorized use of their trademarks.

HOW TO REGISTER A TRADEMARK

Essentially, there are two major stages involved in trademark registration, which I will briefly explain as follows:

1) SEARCH, APPLICATION AND ACCEPTANCE STAGE
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 said trademark, and if it does not violate or offend any existing trademark, an application for the registration can proceed.

The Registrar will issue an acknowledgement upon the recipient of any due application. At this stage, the applicant can have a confidence, but not an assurance, in the success of the entire registration process.

It is important to be aware that different payments are to be made at this stage for search and application processing.

2) PUBLICATION AND CERTIFICATION
The second stage involves publication in journal and certification. This is a completion stage.

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 conditions and limitations attached to the application.

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.

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 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.

The certificate of registration indicates the evidence of due registration and completion of all processes. It confers a right on the proprietor or the owner to use the trademark to the exclusion of every other entity.

However, where any other person or entity successfully challenged the applicant in opposing a trademark registration, the Registrar will issue a letter of refusal to the applicant.

BASIC REQUIREMENTS FOR TRADEMARK REGISTRATION IN NIGERIA

The basic requirements every intending trademark applicant should prepare or provide include the followings:

  • Logo, which may include Words and/or Device
  • Name of the applicant
  • Contact details of the applicant
  • Power of Attorney appointing an agent to conduct such registration (an accredited agent/lawyer may help to prepare the power of attorney)

COST OF TRADEMARK REGISTRATION

Most people often want to know how much it cost to register a trademark in Nigeria? The price of trademark in Nigeria include the filing fees and the professional fee of the lawyer or agent handling such application. The price may be differed most times, taking into consideration that the professional fee of lawyers or agents cannot be the same. However, the official filing fees include the sum of N1,500 (about $4) for search and N15,000 (about $45) for filing only. Every intending applicant should contact an accredited agent to negotiate the professional fee and total cost of the registration.

RENEWAL OF TRADEMARK IN NIGERIA

Trademark lasts for period 7 years and can be renewed after expiration from time to time. Every subsequent registration lasts for 14 years. The requirements for a trademark renewal are as follows:

  • Trademark Certificate
  • Power of Attorney appointing the agent and
  • Payment of the prescribed fee

ASSIGNMENTS & RECORDING IN NIGERIA

Every legitimate trademark title holder may assign such trademark to another person or entity for usage within a period of time. An Assignee or Assignor of the trademark right may apply to the trademark office for recording of such title or right in favour of the Assignee. However, it preferable for the Assignee to carry out the recording itself or himself/herself, since only the holder of a trademark title or right may enforce such aright against any infringing third party. The requirements for trademark recording are as follows:

  • Trademark Certificate
  • Deed or Agreement assigning the trademark
  • Power of Attorney appointing the agent and
  • Payment of the prescribed fee

CLASSES OF TRADEMARK

The trademark registration is classified into 45 different categories in accordance with the Nice international system of classification. It is important for every applicant to understand the classes the registering trademark belongs to or closely align with. However, a trademark may be registered in more than one class where the applicant is seeking protection in both classes. And where applicant seeking protection in multiple classes, separate filing fees must be paid for each of the classes. The 45 trademark classes in Nigeria can be found here.

PATENT REGISTRATION

A patent is an authority or license conferring a right or title on an inventor for a set period of time, especially the right to exclude others from making, using or selling an invention. Patents protect new inventions such as new processes, machines and chemicals.

Patent registration is also handled by the same government department that handles trademark registration, which is the Trademarks, Patents And Designs Registry, Commercial Law Department of the Federal Ministry of Industry, Trade and Investment. Registration of patent requires that an applicant must have invented certain ideas, which can be protected not just a mere expression of it. Patenting an invention gives the holders the legal right to challenge any unauthorized of the invention by a third party.

The requirements for patent registration are different from the trademark registration. An inventor may appoint an attorney to represent him or her for patent registration in Nigeria.

In conclusion, it would be important to mention that there are several benefits accrued to the registration of the trademark and patent in Nigeria. Such benefit includes brand and identity protection from any infringement. Additionally, an owner of a trademark can sell or lease out his or her trademark to another person or organization if the owner chooses in future. It is also possible for the owner of a trademark to allow certain persons or organizations to use his or her registered trademark with him or her in the future.

Companies and individuals that require the services of trademark registration in Nigeria and patent registration are advised to speak to a trademark lawyer or consultant in Nigeria.

By Trademark and Intellectual Property Law Department at the Resolution Law Firm, Nigeria

NOTE: RESOLUTION LAW FIRM ASSISTS IN THE REGISTRATION OF TRADEMARKS AND PATENTS IN NIGERIA. YOU CAN CONTACT US VIA THE BELOW CONTACT DETAILS FOR ASSISTANCE!

Tel: 08099223322

Email: info@resolutionlawng.com

53 Comments

  1. kenny says:

    pls kindly send to me the cost of registering a patent. the cost implication with your fees. Thank you

  2. Olaide says:

    Hello Admin,

    Please may i have the total cost of registering a trademark and also patent. Please what is the duration of processing them.
    Thank you.

  3. Ikechukwu says:

    Pls kindly send the cost of acquiring a trademark an the procedure

  4. Tobi says:

    Good morning adim
    Please i need a copy of the trade mark and patent right .
    Thank you
    Tanitolorun@gmail.com

  5. Stacy says:

    Hello, please may i have the detailed price for registering a trademark. And where to start from? Thank you

  6. moses says:

    please send me the cost of registering a trademark and a patent

    kelvinmoses0@gmail.com

  7. Ehi says:

    Kindly send the cost implication and procedure of trademark and patent registration in Nigeria

  8. Ademiluyi Seun says:

    Hello admin ,please can I Have the detailed requirements and the cost of trademark registration.

  9. Mofiyinopeoluwa John Oladipo says:

    Hi,Kindly send me the cost of registration for trademark in Nigeria.
    Thanks John Oladipo.

  10. Ade says:

    Since almost everyone seems to be asking the same question, I think it will be better to post a clear answer to the question on cost for registering a trademark here on your website. That’s a more transparent and effective way of responding rather than people asking for response through private mail. It gives confidence to others about how transparent your site is, and possibly how your service could be . Just an advise.

    • Admin says:

      Well, I will update this article to include requirements for registering a trademark. However, we can not include the exact cost here for certain reasons. Thank you for your feedback

  11. Stanley says:

    Thanks for the info. Please could you send the total cost of registering a trademark to me as soon as possible? My email is asogwastanley@yahoo.com

  12. Olusola says:

    Hello Admin,
    Please kindly send the total cost for acquiring a trademark certificate to my email sholankey@yahoo.com
    Thank you.

  13. Oladapo Richard says:

    Please I also need to be informed about the cost for trademark registration as i’m working on getting things done asap. You can send the estimation to richiedean90@gmail.com

  14. Lanre says:

    Hi,

    Please send the procedure and cost of registering a trademark to mlanre2001@yahoo.com

    Regards
    Lanre.

  15. Justin Amadi says:

    Kindly send the cost implication and procedure of trademark and patent registration in Nigeria to this email addresses;
    transamajay@yahoo.com, justinamadi16@yahoo.com.

    Thanks.

  16. Emmanuel says:

    Please kindly send me the detail cost and analysis for registering a trademark thanks
    dremmydashney@gmail.com

  17. Anonymous says:

    Please kindly send the cost of trademark and patent registration to the email
    nzubeemecheta@yahoo.com

  18. Stephen says:

    What is the cost of registering a trade mark please

  19. Hilal says:

    Hello… Kindly furnish me with details (cost and requirements) to register a trademark. Thank you

  20. M.F Giwa says:

    Please how much does it cost to register a trademark

  21. Anonymous says:

    Please kindly Send the cost for acquiring a trademark certificate to apbbscholar@gmail.Com.
    Thank you

  22. rote200 says:

    how much to obtain a trademark
    certificate in Nigeria?
    roteckventures@gmail.com

  23. Anonymous says:

    Please how much will it cost to register a trademark

    raybak1212@gmail.com

  24. Ikechukwu Emmanuel says:

    Could you please tell me the estimated amount in which everything would cost?

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