Cost Of Trademark Registration In Nigeria (2022)—This article will discuss the current cost of trademark registration in Nigeria for the year 2022, and we will also walk you through the procedure of trademark registration in the country. Continue reading to learn more.
Trademark registration in Nigeria is governed by the Trade Marks Act LFN 1990 and is a critical tool for protecting and distinguishing individuals’ trade marks in the country. In Nigeria, trademark registration is the only option to protect a distinctive brand for goods or services in the market, and it is distinct from patent registration in that the former is used to protect trademarks, whereas the latter is used to protect inventions.
To be clear, trademarks seek to protect the names and/or designs of certain brands that, when legally registered, are used to identify and distinguish one product or service from another. Additionally, it prohibits other brands/third parties from using the proprietor’s intellectual property without their consent.
Certain items can be trademarked in the country, including a company’s name, slogan, and shape, to name a few. To register a trademark in the country, you must visit the Commercial Law Department of the Federal Ministry of Industry, Trade, and Investment’s Trademarks, Patents, and Designs Registry.
Registered trademark owners have the right to bring a lawsuit against third parties that violate or use their trademarks in an unlawful manner, and they also have the right to oppose any prospective trademark registration that may infringe on their own brand.
HOW TO REGISTER A TRADEMARK IN NIGERIA
The procedure of trademark registration entails three major steps, which are as follows:
RECRUITMENT AND APPLICATION
This is the initial step required for an individual or organization to register a trademark in the country. This procedure entails briefing an agent, who should, of course, be a competent lawyer, on the trademark, which may include a name, a description of a symbol, logo, or design to be registered.
Once this is completed, a search is conducted to determine if the proposed trademark does not conflict with any existing trademarks, that is, if it is not too similar to an existing trademark, the process of applying for trademark registration can begin.
As previously stated, trademark registration can be completed at the Federal Ministry of Industry, Trade, and Investment’s Commercial Law Department. After you apply, the ministry’s Registrar will send you an acknowledgement confirming receipt of your application. Be aware that the applicant will be asked to pay additional fees in this regard during the search and application processes.
The acceptance stage occurs after the trademark application has been authorized, which can occur only when a successful search has been done. To that end, the Registry will accept the trademark, register it, and provide the applicant an Acceptance Letter. This Acceptance Letter acts as the initial proof that the trademark has been registered properly.
AVAILABILITY AND CERTIFICATION
The third and last stage is publication and certification. This is the process through which a registered trademark is published in a trademark journal and then certified. Once a trademark application is accepted in Nigeria, the Registrar will ensure that notice of the application is published in the Trademark Journal. This notification will include all pertinent information about the application and applicant.
Any individual or group that believes a trademark may infringe on theirs, thereby confusing or deceiving the public, may petition the Registrar to halt the applicant’s trademark registration by filing a notice of objection in a prescribed format.
The protest form comprises the justification for the protest and the facts to support it. After completing the form, it must be submitted to the Registrar of Trademarks within two months of the notification being published in a periodical. Following that, the Registrar notified the applicant in writing of any objection or disagreement received.
Once notified of a protest, the applicant has one month from the date of receipt of the notice from the Registrar to respond to the opposition. Any applicant who fails to react to an opposition with a counter-statement may be judged to have abandoned his or her trademark registration application in Nigeria.
If, however, the Registrar receives a response from the applicant stating why they are entitled to such trademark, the Registrar shall convene a Tribunal to resolve the conflict in favor of one of the contending parties, and if there is no opposition to the publication in the journal, or if an opposition has been lodged and successfully resolved in favor of the applicant, the Registrar shall issue a Certificate of Registration of the trademark sought for b.
The issuance of a certificate verifies that a trademark was properly registered and finalized, and it confers exclusive rights on the proprietor or owner to use the trademark while excluding and prohibiting other entities from doing so.
If another person or group successfully opposes the applicant’s trademark registration, the Registrar will issue a letter of rejection denying the applicant’s trademark registration.
CURRENT COST OF TRADEMARK REGISTRATION IN NIGERIA 2022
On average, the cost of registering a trademark in Nigeria in 2022 is between ₦150,000 and ₦200,000, which includes the application filing fee, as well as the professional charge of the lawyer or agency you have chosen to handle this application. Please keep in mind that the price may vary at times due to the fact that the professional fees charged by various trademark lawyers or agents cannot be identical.
Additionally, the cost of trademark registration may vary depending on whether the brand is owned by a local or foreign business or an individual. If a foreign firm owns the trademark, a trademark lawyer or agent may charge a larger price than if the business or company is domestically owned.
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The cost of trademark registration in Nigeria also includes the three basic steps of trademark registration, which you may wish to consider.
ESSENTIAL REQUIREMENTS FOR TRADEMARK REGISTRATION IN NIGERIA
The following are the prerequisites for trademark registration in Nigeria:
- Logo(This may consist of words and/or images)
- Applicant’s Name Applicant’s Contact Information
- A Power of Attorney appointing a representative to conduct such registration (This must be an accredited agent or competent lawyer that can help you prepare the power of attorney).
REQUIREMENTS FOR REGISTRATION OF TRADEMARK IN NIGERIA
In Nigeria, a trademark is valid for seven (7) years after which it must be renewed. The following are the prerequisites for trademark renewal in the country:
- Trademark Certificate
- Power of Attorney appointing the agent.
- payment of the prescribed fee.
All of these points are critical when it comes to renewing your trademark registration in the country; please take note.