25/04/2026
*TRADEMARK REGISTRATION IN NIGERIA*
A trademark is a unique sign or mark that distinguishes the goods and services of one business from another. A mark can either be a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof. Most businesses, companies, or organizations have distinctive marks that set them apart from other businesses.
The relevant law that governs Trademark in Nigeria is the Trademarks Act, Laws of the Federation of Nigeria 2004 (LFN 2004).
Below are some of the names that can not be trademarked:
Generic terms or phrases
Popular names or likenesses without consent from the owners
Government symbols or insignia
Government or other internationally recognized official titles.
Immoral, deceptive, or scandalous words or symbols
Sounds (like a beat or music) or short motifs. These are covered by copyright instead.
The distinctiveness of your trademark is a crucial factor to consider during a trademark.
A mark can not be trademarked if it lacks any distinctive properties or if the language has become customary in the country of origin or is contrary to public order.
Step-by- step procedure for Registering a Trademark in Nigeria
1. Trademark Search
2. Trademark Application
3. Acceptance or Refusal
4. Publication
5. Certification
(This is discussed in detail below)
* Acceptance stage: name search, name reservation, and acceptance within 2 weeks
After this stage, the acceptance letter can be used for any official dealings.
* Publication: This takes 7-8 months or less for the name to be published on the trademark journal.
After the publication, 2 months is allowed for opposition. If none, 👇👇
*Certification.You can apply for the certificate and pay the necess
HOW TO SELECT A GOOD MARK TO TRADEMARK:
Here are points to guide you when selecting a mark to trademark:
1. Avoid names, slogans, or logos that can not be registered.
2. Avoid marks that might confuse customers with another trademark: Using marks that are too similar to existing trademarks might confuse the public about the source of a product. It could lead to trademark infringements and invite a lawsuit.
3. Decide your trademark type and class early and ensure it aligns with the industry you intend to do business in.
4. Avoid three-letter acronyms and embrace full, colorful words or phrases
STEP BY STEP PROCEDURE FOR REGISTERING TRADEMARK IN NIGERIA
There are five (5) major steps involved in registering a trademark in Nigeria. These are:
STEP 1: Trademark Search
STEP 2: Application
STEP 3: Acceptance or Rejection
STEP 4: Publication
STEP 5: Trademark Certification.
Step 1: Trademark Search
The first step required of you in registering your trademark is to conduct a preliminary search for the availability of your proposed mark. (It is advisable to carry out a manual search at the registery as online search may not truly review the status of the mark.
You can do it personally or engage an agent for a fee(which is advisable)
The search must be conducted at the appropriate trademark class, meaning if a single trademark is to be registered in multiple classes, the search must be conducted in each of the classes.
Step 2: Trademark Application
Once it’s confirmed that the name is available, you can proceed to this stage.
Application is done on the trademark portal by an accredited agent.
At this stage, all the mark information should be handy, fill them in accurately, make the necessary payments, and submit.
After submission , you will receive an Acknowledgment letter from the trademark registrar. The letter contains your application details and that of the mark to be registered.
It is usually issued twenty-four (24) hours from submission.
Please note that the letter issued here is only an acknowledgment of the application and NOT an acceptance of the trademark. The trademark can still be refused registration even after a successful search.
Step 3: Acceptance or Refusal
The acceptance or refusal of a filed mark depends on the discovery of infringement on existing trademark(s). Here, the registry decides on whether to accept or reject your filed mark.
Where the filed mark is cleared for registration, the registry will accept, register the trademark, and issue you an acceptance letter. But when the mark is found to conflict with existing trademarks or is a mark that can not be registered, a refusal letter will be issued.
The entire decision process takes 4-6 weeks.
Step 4: Publication
Once your trademark has been registered, it will be processed for publication in the Nigerian Trademark Journal. Publicized trademarks are also listed on the publication page of the Trademarks, Patents, and Designs Registry. The process usually takes 7-8 months or more.
This publication contains full details about the trademark and its proprietor.
Once your trademark is published, any person or organisation who considers the trademark a conflict with theirs (or any pre-existing trademark) has a two-month window to protest to the registry to stop such registration. They can do this by filing a “notice of opposition.”
However, if there are no oppositions after two (2) months of publication, you can apply for and get your trademark certificate.
Step 5: Certification.
You can apply for your certificate at this stage.
A trademark certificate is a license that declares you the legal owner of a registered trademark.
It gives you full rights to use the trademark to the excursion of any other entity and confers rights to prosecute for infringements.
DURATION OF TRADEMARK REGISTRATION:
The duration for registering a trademark in Nigeria is usually 12 to 18 months when there are no oppositions.
Certification may, however, take a longer period when there are oppositions to a registered trademark.
REQUIREMENTS FOR TRADEMARK REGISTRATION.
1. Trademark name
2. Company name
3. Address
4. Phone number
5. Email address
6. Logo of the mark
7. Nature of business
8. Power of Attorney appointing the trademark agent:
This is a document stating the trademark agent’s appointment to conduct the registration process on behalf of the applicant, by the applicant (usually, the accredited agent would draft this and forward it to you for ex*****on).
LIFESPAN AND RENEWAL OF TRADEMARKS.
A registered trademark is valid for seven (7) years from registration and can be renewed after this period.
An application for the renewal of a trademark registration must be made three (3) months before the expiration of a current license. Each renewed trademark lasts for fourteen (14) years.
The requirements for renewing a trademark are:
1. An application for trademark renewal
2. Trademark Certificate (evidencing your trademark registration)
3. Power of Attorney appointing an accredited agent
4. Payment of a renewal fee
Assignment of Trademarks
GROUNDS FOR CANCELLATION TRADEMARK.
1. Non-use of a registered trademark up to a month before the date of the challenge application or for five years
The trademark was registered with no bonafide intention to use the mark
2. The challenging application(s) can prove that:
The mark lacks distinctiveness
The mark was registered in bad faith
The mark is contrary to public policy
The mark is generic, misleading, or deceptive
The mark contradicts a well-known existing trademark
This is why it is very important to do thorough research on the mark before registration.
It’s advisable to put your mark to use before and after registration to avoid trademark revocation for non-use.
BENEFITS OF REGISTERING YOUR TRADEMARK.
Below are some of the advantages of registering your trademark.
1. . protecting your business mark from infringement.
2. Intellectual Property protection:
Incorporating your business name at the Corporate Affairs Commission (CAC) only prevents other persons from registering a business name similar to you. It does not protect your business’s intellectual property from infringement. That protection is only granted by trademark registration.
3. Protection of trade name and incorporated name: When your business incorporated name differs from the trade name, trademark registration ensures both names are protected.
Right to action against 4. unauthorized use: Trademark registration gives you the right to take legal action against third parties who infringe on your brand. The court can award huge compensation for damages sustained because of trademark infringement.
5. Your business trademark distinguishes your products from that of other brands in the market. When the public comes to trust a registered trademark, it holds products bearing such trademark in high regard, and people may pay a premium for such products. This may rub off on your company’s reputation and increase its value.
6. Assignment: Only registered trademarks can be legally assigned. Trademark assignments can earn your business additional revenue, especially if you plan to expand the business through franchising.
7. Global trademark registrations: A trademark registered in Nigeria gives it a preference for registration to other countries. This is down to trust in the trademark’s legality back home. International preference makes it easier to register your trademark in other countries.
8. Trademark registration is a requirement for getting some licenses to operate in certain Nigerian sectors, such as the healthcare sector, NAFDAC, and SON registrations.
DISADVANTAGES OF USING UNREGISTERED TRADEMARKS:
1. No intellectual property protection: Your trademark can be hijacked by another brand if not registered. This is not limited to Nigeria alone. If you are using an unregistered trademark, you risk losing your trademark to any brand worldwide that registers it first.
2. Risk of infringement: The major risk associated with an unregistered trademark is the risk of being sued for trademark infringement. The lack of an appropriate trademark search means you risk using a mark similar to that of an existing registered trademark. This is potentially dangerous as not only would you lose your mark, but you might be compelled by the court to compensate the plaintiff.
3. Risk of using trademarks that can not be registered:
Apart from losing an unregistered trademark to infringement, you can also lose it if found to be a mark that can not be registered.
4. Loss of the right to legal action:
Unregistered trademarks can not be enforced by law. It is extremely difficult to sue for infringement even if someone directly copies your mark.
It is not an asset: Unlike registered trademarks, unregistered trademarks are not assets. They can not be legally sold, assigned, or franchised. This results in loss of potential revenue and could harm strategic business partnerships.
5. It’s difficult enough to break into new local markets using unregistered trademarks. It is twice as hard to expand business abroad. While some countries offer certain protections for unregistered trademarks, consider questioning if the protection is enough for your business in international waters.
CLASSIFICATIONS OF TRADEMARKS.
Trademark classifications differentiate groups of trademarked goods and services with similar nomenclature from another group.
There are 45 different trademark classes.
GOODS CLASSES
CLASS 1 (Chemicals) 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.
CLASS 2 (Paints) 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. Explanatory Note This class includes mainly paints, colorants, and preparations used for the protection against corrosion. Includes, in particular: paints, varnishes, and lacquers for industry, handicrafts, and arts; dyestuffs for clothing; colorants for foodstuffs and beverages.
CLASS 3 (Cosmetics and cleaning preparations) Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
CLASS 4 (Lubricants and fuels) Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
CLASS 5 (Pharmaceuticals) Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
CLASS 6 (Metal goods) 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; iron mongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
CLASS 7 (Machinery) 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.
CLASS 8 (Hand tools) Hand tools and implements (hand operated); cutlery; side arms; razors.
CLASS 9 (Electrical and scientific apparatus) Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
CLASS 10 (Medical Apparatus) Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials.
CLASS 11 (Environmental control apparatus) Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes.
CLASS 12 (Vehicles) Vehicles; apparatus for locomotion by land, air, or water.
CLASS 13 (Fi****ms) Fi****ms; ammunition and projectiles; explosives; fireworks.
CLASS 14 (Jewelry) Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horologicalchronometric instruments.
CLASS 15 (Musical Instruments) Musical instruments.
CLASS 16 (Paper goods and printed matter) 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); playing cards; printers' type; printing blocks.
CLASS 17 (Rubber goods) Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
CLASS 18 (Leather goods) Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
CLASS 19 (Nonmetallic building materials) Building materials (nonmetallic); nonmetallic rigid pipes for building; asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.
CLASS 20 (Furniture and articles not otherwise classified) Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
CLASS 21 (Housewares and glass) Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; un-worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
CLASS 22 (Cordage and fibers) Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
CLASS 23 (Yarns and threads) Yarns and threads, for textile use.
CLASS 24 (Fabrics) Textiles and textile goods, not included in other classes; bed and table covers.
CLASS 25 (Clothing) Clothing, footwear, headgear.
CLASS 26 (Fancy goods) Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
CLASS 27 (Floor coverings) Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
CLASS 28 (Toys and sporting goods) Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
CLASS 29 (Meats and processed foods) Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
CLASS 30 (Staple foods) 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.
CLASS 31 (Natural agricultural products) Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
CLASS 32 (Light beverages) Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
CLASS 33 (Wine and spirits) Alcoholic beverages (except beers).
CLASS 34 (Smokers' articles) To***co; smokers' articles; matches.
SERVICES
CLASS 35 (Advertising and business) Advertising; business management; business administration; office functions.
CLASS 36 (Insurance and financial) Insurance; financial affairs; monetary affairs; real estate affairs.
CLASS 37 (Building construction and repair) Building construction; repair; installation services.
CLASS 38 (Telecommunications)
CLASS 39 (Transportation and storage) Transport; packaging and storage of goods; travel arrangement.
CLASS 40 (Treatment of materials) Treatment of materials.
CLASS 41 (Education and entertainment) Education; providing of training; entertainment; sporting and cultural activities.
CLASS 42 (Computer, scientific & legal) Scientific and technological services and research and design relating thereto: industrial analysis and research services; design and development of computer hardware and software; legal services.
CLASS 43 (Hotels and Restaurants) Services for providing food and drink; temporary accommodations.
CLASS 44 (Medical, beauty & agricultural) Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture, and forestry services.
CLASS 45 (Personal) Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.
CONCLUSION:
The benefits of trademark registration generally and in Nigeria can not be overemphasized. The certificate of trademark registration issued by the Registrar is irrefutable evidence of registration of a mark and confers a right on the owner to use the trademark to the exclusion of others. Not only is a registered trademark protected under the law, but it also protects the identity and goodwill of the brand. The owner of a registered trademark can equally assign or transfer his trademark to an individual or corporate entity and generate revenue from it. Any infringement of the registered trademark could be met by an enforcement action, and the registered trademark owner could get injunctive order or damages against the infringer.
