In this post, we explained the trademark registration, reasons for trademark, requirements and advantages of trademark in Nigeria. You can use Aziza Nigeria trademark registration supportt service to complete your trademark registration in good time.
A Trademark Registration provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. The period of protection varies, but a trademark can be renewed indefinitely beyond the time limit on payment of additional fees.
Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement. In a larger sense, trademarks promote initiative and enterprise worldwide by rewarding the owners of trademarks with recognition and financial profit.
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Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services. The system enables people with skill and enterprise to produce and market goods and services in the fairest possible conditions, thereby facilitating international trade.
WHAT IS TRADEMARK?
A trademark is a symbol or a sign which differentiates the goods and services of one business from another one. Trademark is a unique sign for which an entity, product or service can be known and identified in the course of trade and by members of the public. A trademark is a tangible asset which can be quantified in monetary terms by its Owner when passing it off to another individual or entity. The Owner is entitled to compensation when his trademark is used by another person without his authorization.
REASONS TRADEMARK IN NIGERIA.
At its core, it identifies and distinguishes the source of the goods of one party from those of others. Items that can be registered as a trademark include a name, invented word, phrase, logo, designs, symbol, image or any combination thereof. All industries thrive on Trademarks. Why register?
- Trademark represents the brand identity of your company/business
- Trademarks are an assets
- Trademark last forever
- To protect your brand identity online against cyber squatters
- It is a relatively inexpensive investment
REQUIREMENTS FOR TRADE MARK REGISTRATION
- Applicant’s Details: It has been argued that expanding use of wind power will lead to increasing the full name(s), nationality and physical address of the applicant (to be advised to local Agent/Attorney).
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- The Trademark Information: The Representation must be clear and distinct. If to be filed online, soft copies are to be provided in jpeg format at a minimum of 1200 dpi. A representation is preferred to have the following dimensions: 120px by 100px (length by breath)
- Goods: The full range of goods covered or proposed to be covered by the trade mark. Nigeria presently follows the International Classification of Goods. A separate application is filed for each classification of goods for which the trade mark is to be registered.
- Power Of Attorney/Authorization of Agent: A Power of Attorney simply signed, with full particulars of name(s), address (es) and nationality of the applicant(s). Full name(s) and capacity of the signatory when applicant is a firm/company.
ADVANTAGES OF TRADEMARK IN NIGERIA.
For a trademark to be registered, it must contain at least the name of the company, individual or firm represented in a unique form; or the signature of the applicant for the registration or some predecessor in his business; or an invented word or invented words; or word or words having no direct reference to the character or quality of the goods or services; or any distinctive mark.
Once the trademarks are registered, you will spot the symbol ™ or ®, or the word “Registered” being used on such business’ goods and services. The trademark owner can either be an individual, business organization, or any legal entity and the trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are sometimes displayed on company buildings. The following are advantages of trademark in Nigeria:
- The Right to Exclusivity: When a trademark is registered in relation to a specific good or service, it grants the owner the exclusive right to use the mark in relation to that good or service to distinguish one’s brand from that of other brands in the commercial market, and the exclusive right is deemed infringed when a third party who is not the owner uses it without permission or uses a mark that is confusingly similar to the owner’s mark.
This exclusive right is guaranteed by Section 5 of the Act, which states, “Subject to the provisions of this section, the registration (whether before or after the commencement of this Act) of a person in Part A of the register as proprietor of a trademark (other than a certification trade mark) in respect of any goods shall if valid, be enforceable.” The law goes on to say that “Without prejudice to the generality of the right to use a trademark conferred by such registration as aforesaid, that right shall be deemed to be infringed by any person who, not being the proprietor of the trademark or a registered user thereof, uses it by way of omission.
- Generation Of Revenue: when a brand builds reputation overtime, registration is paramount to secure investors and franchise opportunities who would want to leverage on such brand reputation and customer base to generate revenue. Registering a trademark grants one exclusive right to license the same for use by another in setting up the business thereby expanding said business. It brings about outreach and exposure for the brand.
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- Security: A registered trade mark can be used as security to secure loan facilities much the same way as immovable property can be bonded. This isn’t practiced yet in Nigeria but it is a recognized practice for individuals and companies trading in Western countries.
- Right To Seek Reliefs Upon Infringement: The certificate of registration for your business’ trademark is strong evidence of your ownership and your use of a trademark. If anyone infringes or uses a logo / name similar to yours, which is capable of confusing your clients, you can seek an injunction from the court to restrain further use and also claim for monetary compensation You will however have to prove the damages or loss you suffered as a result of the infringement. This could either be likelihood of confusion, loss of sales or damage to your business reputation.
CONCLUTION
Trademark Registration can be done for – a name, logo, slogan, domain name, shape, color or sound with the Commercial Law department, Ministry of Trade and Investment in Nigeria. This can legally protect your trademark from use by a competitor. The trademark must be distinctive for the goods and services that you provide, not be deceptive, illegal or immoral and not be similar to existing trademarks.