In this post, we explained the cost of registering a trademark in Nigeria, meaning of Trademarks, Classes of Trademark, the facts and benefits of Trademark and the procedure for the registration of a trademark in Nigeria. You can use Aziza Nigeria for your trademark registration, Aziza accredited agent in Nigeria.
What is Trademark?
A trademark is any symbol, slogan, tagline, a combination of letters or words symbol or signs capable of distinguishing the goods and/ or services of one person from another. It helps in the identification of the source of a product. A trademark is a unique symbol that distinguishes your goods and/ or services from others.
A good trademark shall be easy to speak and remember, and the same must not lose its uniqueness and distinctive character that makes the trademark different from another. Decision of a consumer approaching for purchasing any goods or services are highly influenced by the goodwill and reputation of the brand.
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The trademark registration in Nigeria provided for by Trade Marks Act LFN 1990 is one important way to protect and distinguish someone’s trade symbols in Nigeria. Registering a trademark in Nigeria is the only way to protect a unique brand for goods or services in the marketplace. A Trademark is a recognizable name or design, which is legally registered and used to identify and distinguish a product or service from others. Some of the trademarks that can be registered include name, slogan, shape.
Classes of Trademark
The trademark registration is classified into 45 different classes of goods and services 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 aligns with. However, a trademark may be registered in more than one class where the applicant is seeking protection in both classes. And where an applicant seeking protection in multiple classes, separate filing fees must be paid for each of the classes.
Registration of a Trademark in Nigeria
An important criterion for the registration of a trademark in Nigeria is that such trademark must be distinctive. Trademarks which are deceptive, scandalous or identical to an already registered trademark in respect of the same goods or service are not eligible for registration in Nigeria.
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It is pertinent to note that trademark registration in Nigeria is done in accordance with the Nice Classification established by the Nice Agreement of 1957, which provides for the classes of goods and services under which business owners may apply for the registration of their trade mark. Business owners are required to register their trade mark under the class which the business description of the trade mark falls. The implication of this is that the trade mark will only be protected under the class in which the trademark is registered by the business owner.
Cost of Registering a Trademark in Nigeria
Trademark registration may range between N170,000 (about $430) to N200,000 (about $500). Most people often want to know how much it costs to register a trademark in Nigeria. The price of trademark registration in Nigeria includes the filing fees and the professional fee of the lawyer or agent handling such an application. The price may be differed most times, taking into consideration that the professional fee of various trademark lawyers or agents cannot be the same.
By and large, the total cost, including the professional fee for registering a trademark, may range between N170,000 (about $430) to N200,000(about $500). Another factor that may determine the total cost of trademark registration is whether the trademark is owned by a local or international company or individual.
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If the trademark is foreign-owned, a trademark attorney may charge a higher amount than the ones owned locally. Every intending applicant should contact Aziza Nigeria, your trademark accredited agent for individual negotiation of the total cost of registration.
Benefits of Registring Trademark in Nigeria
When starting a business, registering your trademark, logo, and/or business name should be an important consideration. Below are six benefits of registering your trademark.
- Even though unregistered trademarks that are used in connection with the sale of goods or services may have some legal protection, the burden of proof is much higher should someone copy or infringe upon your creation. Having a registered trademark on file gives the business owner additional protections, including presumed ownership, and diminishes the burden of proof.
- By registering the trademark, you ensure that your trademark is not similar to any other registered trademarks. If you accidentally infringe upon someone else’s name or trademark, you could be sued by the registered trademark owner and may have to pay legal fees and fines as well as give up all profits obtained under the unregistered mark. You could also be forced to pay damages to the owner of the registered mark. If you then have to rename your company or create a new logo, you will lose even more money to new marketing materials. You could also possibly lose customers from the ensuing confusion over your product or identity.
- Registering the trademark ensures that other companies will not have a similar trademark, and gives your company exclusive rights to operate and market under said trademark.
- Your trademark could also provide the right to legal action against anyone that infringes upon it. Once you have your registered trademark, you can record it with the U.S. Customs and Border Protection, which will ensure no counterfeit goods are imported.
- You can use the symbol, “®” after your trademark, which indicates your mark is federally registered, adding to the prestige of your company.
- If your company wants to expand into other countries, you can use your federal registration for foreign trademark filing.
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Procedure For The Registration of A Trademark in Nigeria
Registration of trademarks in Nigeria is done at the Trademarks, Patents and Designs Registry, of the Federal Ministry of Industry, Trade and Investment (“Registry”). An applicant is required to appoint an accredited agent to conduct the registration on his behalf through a power of attorney in the prescribed form. The procedure for registering the trademark is summarized below:
- Conduct an availability search
- Application-Acknowledgement
- Acceptance
- Publication of the Trademark
- Issue of a Certificate of Registration
The Renewing of Trademark in Nigeria
Trademark lasts for period of 7 years and can be renewed after an 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 Trademark in Nigeria
Every legitimate trademark titleholder 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 the recording of such title or right in favor of the Assignee. However, it is 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
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Many businesses suffer from counterfeiting, imitation and other forms of infringement in business. Though the registration of trademarks alone is not sufficient to prevent counterfeiting and imitation from competitors, businesses are encouraged to register their trademarks, as the registration of the mark confers registered holders with the right to enforce it against others. It is important to note that a trademark registration is valid for a period of 7 years at the first instance and subsequently renewable every 14 years after.
You can contact Aziza Nigeria for your trademark registration in Nigeria. Aziza Nigeria is an trademark accredited agent in Nigeria.