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Getting a trademark in Nigeria comes at a cost which may range from 200,000 or more depending on some certain factors.
For you to register a trademark in Nigeria you will have certain requirements to meet. In this article we discussed all you need to know about trademark including where and how to go about it.
What is Trademark
Trademark according to a Wikipedia definition is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others.
Trademark in a simple term refers to word, phrase, symbol, design, or a combination of things that identifies your goods or services.
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It’s how customers recognize you in the marketplace and distinguish you from your competitors.
The word “trademark” can refer to both trademarks and service marks.
Who needs a trademark
The trademark owner can be an individual, business organization, or any legal entity.
Is trademark same as copyright
No. A trademark is a word, symbol, design, or phrase that denotes a specific product and differentiates it from similar products.
While Copyrights on the other hand protect “original works of authorship,” such as writings, art, architecture, music, etc.
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How do I get a trademark in Nigeria
Registration of trademarks in Nigeria according to source Mondaq.com is done at the Trademarks, Patents and Designs Registry, of the Federal Ministry of Industry, Trade and Investment (“Registry”).
As an applicant you are required to appoint an accredited agent that will conduct the registration on your behalf through the power of attorney in the prescribed form.
The steps involved in the registration of trademark is as follows:
An availability search is done to determine whether the mark is available under the relevant class. If the trademark is fully free within the class then you can be sure to proceed with the registration.
Once you confirm that the trademark is available then you can continue with the relevant statutory application form that contains all the personal information of the owner of the mark.
The information that will be checked at this stage also includes the name or whatever the person wants to register.
After the submission and payment of the required fees, the Registry will issue an Acknowledgement Form to the accredited agent confirming receipt of the application;
Upon acknowledgement of the application, the trademark will be examined by the Registry to confirm its distinctiveness and to ensure that it is not in conflict with any previously registered trademark. An Acceptance Form will be issued where the trade mark is deemed satisfactory by the Registry;
Publication of the Trademark:
After the Acceptance Form has been issued by the Registry, the trademark application will be published in the Trademarks Journal. The publication is a public notification to interested parties who may have any reservations on the registration of the trademark. Any person who may have an objection to the registration of the trademark is required to file same with the Registry within 2 months of the publication; and
Issue of a Certificate of Registration:
Where no objection is filed against the registration of the trademark or where such objection is withdrawn or overruled, the applicant will be issued a Certificate of Registration by the Registry.
It is important to note that a trademark registration is valid for a period of 7 years at the first instance and subsequently renewable every 14 years after.