Trademark Manual – Nigeria

Nigerian trademarks are easily filed online through the GlobalIPCo online filing system.

Rights

A Nigerian trademark registration prevents others from using a brand name / logo / slogan which is the same as, or confusingly similar to your trademark registration in Nigeria.

Search

There is no free public database available for conducting Nigerian trademark searches. A Nigerian trademark search needs to be requested through a Nigerian agent.

Filing a Nigerian trademark through GlobalIPCo

• Register on GlobalIPCo.com (there is no subscription / license fee. You are only charged for actions instructed);

• Receive a discount code that reduces pricing for law firms and add this to your profile; and

• Complete the Nigerian trademark application form:

Mark / Logo page

• Your reference: This is the reference used within your business to identify the trademark application.

• Type of mark:

Word mark

• Word mark: Type the word/s of the trademark, e.g. GLOBAL IP CO.

• Case sensitive: If the case (i.e. upper / lower-case) of the characters is important, select “Yes” (recommended). We will include a disclaimer in the application to cover both upper and lower-case text.

Logo/image mark

• Words appearing in the logo/image: Type all the words and/or numbers appearing in the image. If there are no words/numbers, leave blank.

• Foreign language: If the word mark or logo includes non-English text (and/or text not in the Latin alphabet), see the endorsement section below.

• Upload your image and resize the image to fit in the central block:

Example:

Click Save logo/image and review the saved image:

• Endorsements:

Transliteration:

If the mark includes non-Latin characters, for example “Technik school 北京”, rewrite the entire mark in Latin characters, i.e. “Technik school Beijing”

Endorsement that will be submitted: The transliteration of the mark is “Technik school Beijing”.

Note: Transliteration is a conversion of text from one alphabet (e.g. Chinese characters) to another alphabet (e.g. Latin / Roman alphabet). Translation is the conversion of a word in a foreign language (e.g. Chinese pinyin) into English where both words are in the same alphabet.

Translation / No meaning statement:

If the mark has non-English words, indicate whether the non-English words have meaning in English. If yes, provide the English translation of the entire mark. For example, “Technik school 北京” should be translated to “Technology school Beijing”.

Endorsement that will be submitted: The translation of the mark is “Technology school Beijing”.

Disclaimers:

Disclaim words that are commonly used in the trade associated with the class(es) in which the mark is to be filed. For example, for the mark “Irresistible Fruit” in class 29, consider disclaiming “fruit”.

Endorsement that will be submitted: Registration of this trademark shall grant no right to the exclusive use of “fruit” separately and apart from the mark.

Parties page

• Applicant: The applicant may be a natural person, a juristic person (e.g. a company) or a trust. Co-applicants are permitted. Insert the applicant’s physical (not postal) address. When inserting the address, use consecutive rows and do not strictly follow the prompts in the rows (e.g. the Zip code may be entered in the third address row).

Priority page

• Priority: Priority may be claimed from trademark applications filed no more than 6 months earlier. To request priority, we require a copy of the priority application and English translation (with translator’s notice) (if necessary) of the priority application at the time of filing. If the priority application is not in English, please add the English translation (with translator’s notice confirming that the translation is “true and correct”) at the end of the priority application (as a single pdf file). We will add the intended priority claim to the disclaimer section of the Nigerian trademark application.

Class page

• Select class(es): Nigeria does not permit multi-class trademarks. A separate Nigerian trademark will be filed for each class selected. 

Trademark protection is limited to the goods/services within the selected class/es. If the incorrect class is selected, the trademark may not be enforced.

Nigeria uses the 12th Edition (12-2023), of the Nice Classification of Goods and Services.

The description of Goods / Services within a class may be edited. However, applicants generally select all Goods / Services within a class.

Forms page

• Forms: Download the Power of Attorney for signature. A scanned copy of the simply signed / stamped Power of Attorney is required.

Note: No legalization or notarisation of the Power of Attorney is required, and the original signed form should not be lodged.

Uploads page

• Upload: Upload the signed Power of Attorney; the priority document (if priority is claimed); and an English translation of the priority document (with translator’s notice) (if the priority document is not in English).

Payment page

• File / pay: Pay by credit card or on account to complete the filing. The costs are:

If an office action is issued, the charge for a routine response (i.e. submitting outstanding documents; association of marks; disclaimer) is $70. We aim to respond to office actions within 3 months of issuance.

Additional costs will be incurred if the trademark is refused or opposed, which is quoted on a case-by-case basis.

Process

The Nigerian trademarks office examines trademarks to ensure that they meet the formal and substantive requirements. After publication, the trademark application lies open to opposition for 2 months.

Should registration of the trademark application be opposed, we will send you the notice of opposition and put you in touch with our filing agent. You may choose either to retain our filing agent to deal with the opposition or to engage another Nigerian trademark attorney. Should you succeed in defending against the opposition, you will be able to complete the trademark registration process on the system.

Upon receipt of the registration certificate, a scanned copy will be emailed to you. Optionally, you could request courier of the certificate.

Timelines:

Renewal

A Nigerian trademark must be renewed on the 7^th anniversary of the Nigerian trademark filing date and every 14 years thereafter.

Late-payment:

Renewals may be paid during the 6 month grace period on payment of a penalty.

Non-use

A Nigerian trademark may be susceptible to being revoked if not used for 5 consecutive years prior to the date of bringing the application.

How to respond to an office action

• Click INSTRUCT RESPONSE

• Click SAVE AND INSTRUCT RESPONSE to go through to payment

How to pay the registration fee

• Click INSTRUCT REGISTRATION

• Click PAY REGISTRATION FEE

How to request courier

• Click REQUEST COURIER

• Click GROUP OTHERS WITH THIS CERTIFICATE

• Select other case to be grouped in the courier parcel

• Add other cases until the parcel includes 10 Nigerian trademark certificates (i.e. the original case plus the 9 added cases)

• Click SAVE to courier all 10 certificates in a single courier parcel

• Complete the Contact Details and Address sections and click REQUEST COURIER