To successfully register Trademarks in Nigeria, the applicant seeking to register a trademark must appoint an Attorney-agent to file the application and represents the applicant all through the entire process.
As a first step is conducting a preliminary availability search of the proposed trademark and logo (if any), to ascertain the availability of the trademarks in their respective class(es) at the Trademarks Registry, Abuja in Nigeria.
Upon confirmation of the availability of the Mark in the specified class, the Attorney-afent shall forward an Authorization of Agent Form (“Form 1”) permitting the agent to act on the applicant’s behalf. The execution of Form 1 basically authorizes Attorney, as agents of the Trademark Registry, to drive the application to conclusion.
While filing the Trademark (attaching the relevant documents) and subsequently, the Registry shall issue an Acknowledgement of filing showing the online application ID and all of the trademark information. Subsequently, the Registry’s Trademark Examiner shall further examine the application to ensure that same conforms to the requirement of the law.
Where the Examiner confirms the application, the Registrar shall issue an Acceptance Letter. However, where the application is not confirmed by the Registry’s Trademark Examiner, a Refusal Letter would be issued. In which case, the applicant has the option of applying for a formal hearing to contest the rejection within two months. Where there is no contest, the application is deemed withdrawn.
All accepted marks are thereafter sent to the Publication Unit of the Registry for Publication in the Trademark Journal within a period to be specified by the Registrar.
Thereafter, the published marks are open to opposition for a period of two months from the date of publication. If no objections are received or sustained, the Registrar shall issue the applicant with a Certificate of Registration. The registration certificate will reflect the date of initial filing as date of registration.
Trademark registration can be complex. It is very important that Trademark’s applicant engages accredited agent with Trademark Registry to file the application and represents the applicant all through the entire process.
By Adeola Oyinlade & Co
Note: The content of this article is anticipated to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Adeola Oyinlade & Co provides help and offer advisory to both local and foreign clients in Trademarks registration process.
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