Alin Law Care

E: info@alinlawcare.co.tz     |        P: +255 753 610 909 / +255 673 030 412    |        A:  Basement office no 4, Samora Tower

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Our licensed Trademark Attorneys in NIGERIA will handle your trademark request, check all formalities, and then file with the Trademarks, Patents and Designs Registry. You will receive confirmation of filing and a copy of the filing request. We will contact you immediately if any subsequent office actions require additional information, or if there are any opposition in Nigeria against your application. 

An applicant seeking to register a trademark in Nigeria must appoint an attorney or agent. Our Trademark Attorney in Nigeria will handle all the process including filing the application and representing the applicant throughout the process with Nigeria Intellectual Property Office. 

The applicant does not need to necessarily visit our office because the entire process can be completed by sending the necessary requirements for the registration via email, and the same will be handled accordingly. 

A. TRADEMARK APPLICATION REQUIREMENTS

  • (a) Details of the applicant/proprietor – including name, nationality, and address
  • (b) Prints or a representation of the proposed trademark.
  • (c) Class and specification of goods or services for which the trademark is to be registered.
  • (d) Authorization of Agent (Power of Attorney) signed by the applicant and where the applicant is a body corporate, by an officer duly authorized to do so. No legislation or notarization of this document is required. 

B. PROCEDURE

  • It is advisable that searches be conducted to determine the availability of a trade mark before any application for registration is made.
  • On receiving the application, the Registrar will issue an Acknowledgement Form confirming the receipt of the application by the Registry and the temporary number allocated to the trademark, pending registration and allocation of a permanent registration number. 

Examination

The Trademarks Registrar will conduct an examination of the Trademarks Register to confirm that there is no earlier conflicting trademark which may preclude the registration of the mark. The Registrar’s examination shall also extend to whether the mark is distinctive, deceptive, scandalous or in any way disallowed as containing names of single chemical substance, prohibited words, Arms of Nigeria or state, national flag, ‘President’, ‘Governor’ , Arms of City, Town, Place, Society, Names of living persons or persons recently dead except with permission.u 

If the Registrar is satisfied that the mark may be registered, an Acceptance Form will be issued. This is usually within 3 weeks after the issuance of the Acknowledgment. Otherwise, a Refusal Form will be issued. After acceptance, the application will be published in the Trademarks Journal to notify any interested party who may have an objection to the registration. Publication of mark in trademark journal is usually within 12 -18 months after the issuance of Letter of Acceptance. 

Opposition

Any interested party may file an objection by giving a notice of opposition within two months of the publication in the trademark journal. It is important to note that this period is non-extendible. The opposition hearing takes place before the Registrar, who shall after hearing the parties and considering evidence take a decision. The decision of the registrar in this regard, may be appealed to the Federal High Court. 

Registration

Where there are no third party objections to the registration of a trademark within the opposition period or where the objections are resolved in favour of the applicant, the Registrar shall issue the applicant with a Certificate of Registration. The registration of a trademark takes effect retrospectively from the application/filing date. Thus, although an applicant’s rights start upon registration, same take effect retrospectively. The registration of a trade mark shall be for a period of seven years but may be renewed from time to time for a period of fourteen years. 

C. DURATION AND RENEWAL

Trademarks are registered for an initial period of seven years from the date of the application for registration. After this, they can be renewed for subsequent periods of fourteen years.

D. ASSIGNMENT

The Act allows for assignment and transmission of registered trademarks either in connection with the goodwill of a business or not. It is also assignable and transmissible in respect either of all the goods in respect of which it is registered or was registered, as the case may be, or of some of those goods. Every assignment of a registered mark must be recorded in the Trademark Registry. 

E. REVOCATION

A trade mark can be revoked or taken off the register on an application made by any person concerned on the following grounds: Non-use, on the request of any person concerned, if it can be established that the mark was registered without any bona fide intention to use, and there has in fact been bona fide use of the trademark; 

Non-use, during a continuous period of at least five years during which the trademark was registered; If the entry has been made in the register without sufficient cause; Non-compliance to the registrar’s statutory notice to renew by the registered proprietor Upon removal from the register, the trade mark proprietor or user ceases to have any right in relation to the goods in respect of the trade mark, which was removed from the register. 

F. CONVENTION APPLICATIONS

Though Nigeria is a signatory to the Paris Convention, the executive order which will designate the relevant convention countries to which claims for priority are applicable has not been made. Consequently, the Trademarks Registry does not recognize trade mark applications claiming priority from other countries.

For assistance and advice regarding trade mark protection and IP strategy in NIGERIA, email info@alinlawacare.co.tz WhatsApp: +255753610909

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