07/10/2017
TRADEMARK REGISTRATION IN NIGERIA
A trademark has been defined as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
Once a trademark is registered, it gives legal right to the owner of such trademark to take some lawful steps in law against any person whatsoever who uses or cause to be used without his/her prior permission. Thus, it is important to state that a successful trademark allows the owner to legally use the trademark as brand that distinguishes it from other product or services.
In Nigeria, the Trade Mark Act governs all that concerns trademark issues in Nigeria and the government agency in charge of trademark registration is the Trademarks, Patents And Designs Registry, Commercial Law Department, Federal Ministry Of Industry, Trade And Investment. Thus, applications in this regard are made to the Registrar of Trade Marks.
What and what can be registered?
For a trademark to be registered it must fall within registrable elements by containing distinctive elements. An element will be held to be distinctive if it will distinguish a product or services from others in a particular class. It must contain any of the following which must be distinctive.
The name of a company, individual, or firm, represented in a special or particular manner;
The signature of the applicant for registration or some predecessor in his business;
An invented word or invented words;
A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname;
Any other distinctive mark
Requirements for Trademark registration in Nigeria
Applicants details
Trademark Information which includes the name and logo to be registered
The full range of goods covered or proposed to be covered by the trademark.
Power of Attorney/Authorization of Agent
Process for Trademark Registration in Nigeria
The Trademark registration process can be categorized into 3 basic general stages:
Availability Search At this stage a search is conducted to determine whether there exist registered marks that are similar to the proposed mark. Thus the outcome of the search will determine whether the name will be registered or not.
Trademark Application If there is no similar mark of such in that desired category, the applicant may go ahead to apply for registration. Thus, upon application for registration, the registry will issue an acknowledgment notification letter that the application has been received. After , If the application is deemed registrable, the registry issues a Letter of Acceptance that serves as an approval in principle. After the acceptance has been issued, the mark is advertised in the Trademarks journal published by the Trademarks Office.
Application for Certificate Once the proposed mark has been advertised, an interested party may oppose the registration of the mark within 2 months of the advertised journal. If the mark is not opposed within 2 months, the applicant can proceed to apply to the Registrar for a Trademark Certificate.
Issuance of Certificate If there are no objections received, the Registrar will issue the applicant with a certificate of registration. When issued, the Registration Certificate will reflect the date of initial filing as date of registration.
A trademark is valid in Nigeria for an initial period of 7 years, and then for further renewable 14-year periods. An application for renewal should be made not less than three (3) months from the due date.
It is important to note that, a trademark in Nigeria may be registered either plainly (black and white) or in colour. However, where a trademark is registered in colour, the protection afforded is limited to the colour(s) registered. On the other hand, a plain (black and white) registration affords protection to all colours of presentation of the trademark.
It is important to note that, no entity can claim the registration of a trademark where there is no certification; hence stopping at any of the preceding stage of certificate is not a proof of registration.
Nigeria Trademark Classification for Good and Services
Trademark can be registered under the following classifications in Nigeria.
Goods:
Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; unprocessed plastics in the form of liquids, chips or granules.
Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting; combustible fuels, electricity and scented candles.
Class 5 Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores; unwrought and partly wrought common metals; metallic windows and doors; metallic framed conservatories.
Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.
Class 8 Hand tools and hand operated implements; cutlery; side arms; razors; electric razors and hair cutters.
Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials; s*x aids; massage apparatus; supportive bandages; furniture adapted for medical use.
Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; air conditioning apparatus; electric kettles; gas and electric cookers; vehicle lights and vehicle air conditioning units.
Class 12 Vehicles; apparatus for locomotion by land, air or water; wheelchairs; motors and engines for land vehicles; vehicle body parts and transmissions.
Class 13 Fi****ms; ammunition and projectiles, explosives; fireworks.
Class 14 Precious metals and their alloys; jewellery, costume jewellery, precious stones; horological and chronometric instruments, clocks and watches.
Class 15 Musical instruments; stands and cases adapted for musical instruments.
Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.
Class 17 Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials; plastics in extruded form for use in manufacture; semi-finished plastics materials for use in further manufacture; stopping and insulating materials; flexible non-metallic pipes.
Class 18 Leather and imitations of leather; animal skins, hides; trunks and travelling bags; handbags, rucksacks, purses; umbrellas, parasols and walking sticks; whips, harness and saddlery; clothing for animals.
Class 19 Non-metallic building materials; non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; non-metallic monuments; non-metallic framed conservatories, doors and windows.
Class 20 Furniture, mirrors, picture frames; articles made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum or plastic which are not included in other classes; garden furniture; pillows and cushions.
Class 21 Household or kitchen utensils and containers; combs and sponges; brushes; brush-making materials; articles for cleaning purposes; steel wool; articles made of ceramics, glass, porcelain or earthenware which are not included in other classes; electric and non-electric toothbrushes.
Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks for transporting bulk materials; padding and stuffing materials which are not made of rubber or plastics; raw fibrous textile materials.
Class 23 Yarns and threads, for textile use.
Class 24 Textiles and textile goods; bed and table covers; travellers' rugs, textiles for making articles of clothing; duvets; covers for pillows, cushions or duvets.
Class 25 Clothing, footwear, headgear.
Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile); wallpaper.
Class 28 Games and playthings; playing cards; gymnastic and sporting articles; decorations for Christmas trees; childrens' toy bicycles.
Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps.
Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; sandwiches; prepared meals; pizzas, pies and pasta dishes.
Class 31 Agricultural, horticultural and forestry products; live animals; fresh fruits and vegetables, seeds, natural plants and flowers; foodstuffs for animals; malt; food and beverages for animals.
Class 32 Beers; mineral and aerated waters; non-alcoholic drinks; fruit drinks and fruit juices; syrups for making beverages; shandy, de-alcoholised drinks, non-alcoholic beers and wines.
Class 33 Alcoholic wines; spirits and liqueurs; alcopops; alcoholic cocktails.
Class 34 To***co; smokers' articles; matches; lighters for smokers.
Services:
Class 35 Advertising; business management; business administration; office functions; electronic data storage; organisation, operation and supervision of loyalty and incentive schemes; advertising services provided via the Internet; production of television and radio advertisements; accountancy; auctioneering; trade fairs; opinion polling; data processing; provision of business information; retail services connected with the sale of [list specific goods].
Class 36 Insurance; financial services; real estate agency services; building society services; banking; stockbroking; financial services provided via the Internet; issuing of tokens of value in relation to bonus and loyalty schemes; provision of financial information.
Class 37 Building construction; repair; installation services; installation, maintenance and repair of computer hardware; painting and decorating; cleaning services.
Class 38 Telecommunications services; chat room services; portal services; e-mail services; providing user access to the Internet; radio and television broadcasting.
Class 39 Transport; packaging and storage of goods; travel arrangement; distribution of electricity; travel information; provision of car parking facilities.
Class 40 Treatment of materials; development, duplicating and printing of photographs; generation of electricity.
Class 41 Education; providing of training; entertainment; sporting and cultural activities.
Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; computer programming; installation, maintenance and repair of computer software; computer consultancy services; design, drawing and commissioned writing for the compilation of web sites; creating, maintaining and hosting the web sites of others; design services.
Class 43 Services for providing food and drink; temporary accommodation; restaurant, bar and catering services; provision of holiday accommodation; booking and reservation services for restaurants and holiday accommodation; retirement home services; creche services.
Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services; dentistry services; medical analysis for the diagnosis and treatment of persons; pharmacy advice; garden design services.
Class 45 Legal services; conveyancing services; security services for the protection of property and individuals; social work services; consultancy services relating to health and safety; consultancy services relating to personal appearance; provision of personal tarot readings; dating services; funeral services and undertaking services; fire-fighting services; detective agency services.
In conclusion, trademark gives the owner of the trademark the mark of authencity, ownership and security in business. A good trademark is an important aspect when it comes to business goodwill which attract customers to the goods and services offered by an entity. Hence, good branding is the life of any thriving business in the world today.
OLODUDE, RUFUS ADEOLUWA
Achieversworld & Partners
Barristers & Solicitors
