Trademarks in Nigeria

Competent Authority & System

• Official Authority: Nigerian Industrial Property Office (NIPO). Trademarks are processed at the Trademark Registry of the Federal Ministry of Industry, Trade and Investment in Abuja.
• Legislation: Trade Marks Act (Cap. 436).
• System: one national registration.

Applicant & Representation Requirements

• Who may apply: any person or entity.
• Foreign applicants: they must engage a local Nigerian agent to file and process the application. A duly executed power of attorney is filed with the application.
• Local agent: the agent also gives the address for service in Nigeria, deals with any opposition and renews the mark. An agent can be replaced by signing a new authorization in favour of the new agent.

Online Services & Database

• Online filing: electronic filing is available through the NIPO platform for local agents. After payment, an acknowledgement is issued, and the status can be tracked with the application ID.
• Search: NIPO lists an availability search (a preliminary advice on whether a mark is available) among its services.

Registrable Mark Types

• Requirement: the mark must be distinctive for the goods and services, and must not be deceptive, illegal, immoral or similar to existing marks.

Classification Framework

• Classes: the application states the goods and services and their classification.

Examination Process

• Steps: the Registry gives an acknowledgement with an official number and filing date, searches for existing and pending marks, examines the mark for registrability and conflicts, and issues an acceptance letter if the mark is approved.

Publication & Opposition

• Publication: an accepted mark is advertised in the Nigerian Trademark Journal.
• Opposition period: two months from the date of the advertisement.
• If no opposition is filed, or an opposition fails, the applicant pays the registration fee and the certificate of registration is issued.

Official Fees

• Availability search: NGN 1,500.
• Notice of opposition: NGN 8,000. Counter statement: NGN 8,000.
• Late renewal penalty: NGN 5,000.
• Certified true copy of a certificate: NGN 8,000.
• Application, certificate and renewal fees: NIPO's fee page shows two different amounts for each of these. We confirm the current amount when we quote.

Duration & Renewal

• Validity period: the first registration lasts seven years. It is then renewable for periods of fourteen years, with no limit.
• Renewal: the renewal request must be filed at least three months before the registration expires.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.