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TRADEMARK REGISTRATION
Trademark registration in Nigeria has various importance. A trademark is a recognizable word or words, phrase, logo, icon, symbol, signs or expressions registered at the Trademark Registry to represent or identify a company, products, or services to distinguish its brand from others in the commercial market.
Section 9 of the Trade Marks Act, which regulates trademarks in Nigeria, specifies what can be approved for trademark registration, which includes:
- A business, person, or firm’s name is represented uniquely or unconventionally.
- The applicant’s signature for registration
- a conceived term or words
- A term or terms that have no direct relationship to the character or nature of products and are not a geographical name or surname.
- Any other distinguishing feature.
LIFE SPAN OF A REGISTERED TRADEMARK IN NIGERIA
Registered trademarks in Nigeria have an initial validity period of seven (7) years, and are, thereafter, indefinitely renewable for period of fourteen (14) years on each occasion. Application for renewal of trademark registration must be made three (3) months before the expiration of the lifespan.
DURATION FOR TRADEMARK REGISTRATION
Two weeks from the day of filling application
THREE (3) STAGES IN TRADEMARK REGISTRATION IN NIGERIA:
Search/Availability Check Stage:
This basically involves status check. An applicant is required to conduct clearance search of the Trademark Registry to ascertain if there is any existing registered trademark. If there is an already registered trademark which is identical with the applicant’s mark, the Registry will refuse the applicant. However, where the search reveals that no identical mark has been previously registered, then an Acknowledgement Letter will be issued to the applicant immediately after payment of official fee.
The Acknowledgement Letter Form will reflect the Trade Mark Number (for example, F/TM/2022/04000), the Nigerian Coat of Arm, the Applicant’s names, the date of application, the date the application was received, good or service, the Class(es) under which the mark is registered, the amount paid, the Agent’s name and barcode of the Registrar of Trade Marks.
Acceptance of Application Stage:
Applicant is expected to submit application for trademark registration on the porter immediately after payment of official fee. Thereafter, an official Acceptance Letter would be issued by the Registry to the applicant. The Acceptance Letter is the initial confirmation that a trademark has been approved for registration. The Acceptance Letter Form will inform the Applicant that the application has been accepted and will, in due course, be advertised in the Trade Marks Journal. Every Acceptance Letter Form must refer to the File Number, the Acknowledgment Letter Form, reflect the Applicant’s name, Agent’s name and address, the good or service and the Class of trademark as well as be bear the barcodeof the Registrar of Trade Marks.
Publication and Certification Stage:
This is the final stage in the process of trademark registration. Every trademark application must be advertised in the Nigerian Trademark Journal. The publication serves as a notice to the public members and invite any objection from anyone with a pre-existing trademark that may or seems to identical with the trademark sought to be registered. If no objection is received within two (2) months or the objection is overruled, the Registrar will issue the Applicant with a certificate of registration. The certificate is issued for each class of trademark registered by the Applicant. The certificate will reflect the date of initial filing as date of application (i.e. date of filing acknowledgment). The Registrar shall constitute a Tribunal to determine the merits of the objection to the application for trademark registration.
IMPORTANCE OF TRADEMARK
- Legal Protection: a registered trademark acquires the protection of the law. Once recognized by the law as a distinguishing factor attributed to a business, it prevents another person or entity from registering the same. It also confers the right to commence legal action against any person for unauthorized use thereby securing the brand reputation from imitation and unrepairable damage.
- It builds value:a trademark is an asset that builds value over time. The value of the product will be attached to the trademark it bears thus building a sense of trust among its customers. This also attracts potential investors and franchise opportunities.
BENEFITS OF REGISTERING A TRADEMARK
- Exclusive Rights: Section 5 of the Trademarks Act 2004 confers on the owner of a registered trademark the exclusive right to use the same to the class of goods it was registered. It also prevents others from registering a trademark similar or nearly resembling it as to confuse the public.
- Generation of Revenue: when a brand builds reputation overtime, registration is paramount to secure investors and franchise opportunities who would want to leverage on such brand reputation and customer base to generate revenue. Registering a trademark grants one exclusive right to license the same for use by another in setting up the business thereby expanding said business. It brings about outreach and exposure for the brand.
- It builds trust: having quality products and services is great but not enough, customers need to be able to distinguish such topnotch quality from the competition. A distinct, registered trademark does that to build a loyal customer base that continues to patronize and recommend such products and services to others.
- Protection against Infringement: Registering a trademark enables the business to sue others for infringing those exclusive rights. Damages can be claimed as well as an injunction to stop any further infringement of such exclusive rights. This also extends to the cyberspace when a domain name is registered as a trademark.
- Differentiates a Product or Service: One of the major advantages of registering a trademark is its ability to differentiate business goods and services from others in the marketplace.
CLASSES OF TRADEMARKS IN NIGERIA
A trademark applicant who intends to register a mark on more than one class of goods can file a separate application for each classification of the trademark to be registered. The trademark classes in Nigeria is in line with the Nice International Classification of Good and Services of the Nice Agreement 1957, which provides for 45 classes of goods and services under trademark.
While Classes 1 to 34 are for goods, Classes 35 to 45 are for services.
Classes for 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; sex 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: Firearms; 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: Tobacco; smokers’ articles; matches; lighters for smokers.
Services Classes:
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 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 websites; creating, maintaining and hosting the websites 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.