Nigeria Trademark Registration

Nigeria is a “first to file” jurisdiction, which means that trademark registration is mandatory to be granted rights over a trademark. Only in some exceptional cases can an unregistered trademark be protected.

To obtain protection, trademark applications must be filed with the Trademarks, Patents and Designs Registry of the Federal Ministry of Trade and Investment.

It is not necessary for the trademark to be in use in Nigeria in order to be registered. However, prior use may be useful, as it can help overcome an objection based on lack of distinctiveness by showing that the mark has acquired distinctiveness through use.

If you register a combined trademark (with both word and figurative elements) in Nigeria, the exclusive right to use the mark is limited to the exact configuration in which it was filed and registered. If you wish to use the word element separately from the logo (or vice versa), it is recommended to file another trademark covering only the word or only the figurative elements you wish to protect separately.

To register a trademark in Nigeria, you will generally need:

• Scanned copy of a signed Power of Attorney. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average application process takes 8 months.

This is an estimated process time for straightforward cases based on current timeframes for applications. It may vary considerably.

Registered trademarks in Nigeria have an initial validity of 7 years from the application date.

They can then be renewed indefinitely for further periods of fourteen (14) years each. Renewal can be requested:

• As early as three (3) months before the expiration date, and
• During the grace period of one (1) month after the publication of the expiration in the Trade Marks Journal, subject to payment of a late renewal fee.

Yes. If a third party intends to register or use a mark for similar goods or services that includes a primary or distinctive part of your trademark, you will have the right to oppose the application based on confusing similarity.

Opposition actions may be filed by interested third parties within two (2) months following the publication of the trademark application in the Trade Marks Journal. The chances of success will vary from case to case depending on the circumstances.

A trademark does not need to be in use in Nigeria in order to be registered.

However, if the trademark is not used for more than five (5) years after registration, it becomes vulnerable to cancellation actions based on lack of use. This means that, although use is not required to obtain registration, continued use is important to maintain the registration safely over time.