A trademark is a symbol or sign that distinguishes the goods and services of a business from that of another and it includes name, logo, slogan, shape, colour, domain name, or sound.

A trademark gives exclusive right of usage of the mark to the owner in respect of his goods or services or that of any one authorized by the owner to use the mark whether in return for payment or otherwise. It also affords protection against the deceptive or illegal use of the mark by unfair competitors and impostors/counterfeiters, thereby protecting the goodwill enjoy by the business of the owner.

The extant law governing trademark registration in Nigeria is the Trademark Act and the institution responsible for the registration of trademark is the Trademarks, Patents and Designs Registry of the commercial law department of the Federal Ministry of Trade and Investment.

Requirement for a Mark to be Registrable as Trademark

For a mark to be valid for registration as a trademark, such mark must tick the following boxes;

1. Must be distinctive for the goods and services of the business. Hence a generic name cannot be trademark without a distinctive feature
2. Must not be deceptive or illegal
3. Must not be immoral
4. Must not be similar to an existing trademark.
5. The business which the mark is intended to be used must fall within one of the classes of trademark.

Stages of Filing of Trademark Application

A Preliminary Search:

A preliminary search is conducted to ascertain the distinctiveness of the proposed mark from any existing or pending registrations. Upon determination of the registrability and availability of the proposed mark under the relevant trademark class, the application process can then commence by providing appropriate documents and information.

Filing of the Application:

At this stage, all official documents and forms would be submitted and upon payment of the appropriate fees for trade mark registration, the Registrar shall issue to the applicant an official acknowledgement reflecting the official number and filing date of the application.

Assessment and Acceptance:

 Here, the submitted application will be assessed and upon its approval, the proposed mark will be registered as a trademark and a Trademark Acceptance Notice will be issued to the applicant as an initial evidence of the registration.

Usually, the Trademark Acceptance Notice takes between 2 (two)- 5(five) weeks depending on whether there are objections or not, during the registration process.

Publication:

It is mandatory for every trade mark application to be advertised in the Nigerian Trademark Journal, which is made open to opposition for a period of two (2) months from the date of advertisement. If no objections are received or sustained within the period of the objections, the applicant shall be issued with a certificate of registration.

The Registration Certificate is the conclusive evidence of the trademark registration and will reflect the date of the filing of the acknowledgment as the date of registration.

Required Information and Document for trademark Registration:

• Name of the Applicant (Registered Name if the applicant is a firm/company)
• Contact information of the Applicant such as address, Phone Number and email address
• Nationality of the Applicant
• Name, representation or print of the mark (Black and White or coloured)
• List of goods covered or to be covered by the proposed trade mark
• Name and capacity of the signatory (when applicant is a firm/company).
• Executed Power of Attorney
• Letter of authorization for the use of certain word(s) (where applicable)

Validity period of Trademark Registration:

Nigerian trade mark registration is initially valid for a period of seven (7) years, and thereafter becomes indefinitely renewable for periods of fourteen (14) years on payment of appropriate fees. An application for renewal should be made not less than three (3) months from the due date.

Conclusion:

Once a mark in trademark as stated above, any infringement of that trademark becomes actionable and the court has the power to enforce its protection. A trademark may be registered either in black and white or in colour. However, where it is registered in colour, the protection is limited to the registered colour(s) while a black and white registration affords protection to all colours of presentation of the trade mark.

It should be noted that trademark registration in Nigeria can only be done through Agents that are accredited with the Trademark Registry. it is therefore necessary for applicants to engage the service of an accredited agent to register their trademarks.

By the Intellectual Property Department of IA Attorneys, Nigeria