TRADEMARK REGISTRATION IN NIGERIA: SAFEGUARDING BRAND IDENTITY.

TRADEMARK REGISTRATION IN NIGERIA: SAFEGUARDING BRAND IDENTITY.

The World Intellectual Property Organization (WIPO) defines trademark as ‘a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises’. Trademarks are protected for their role in marketing strategy as they involve the exploitation of innovations such as slogans, designs, labels, numerals, symbols, product names, packaging or combinations thereof to distinguish a product from that of competitors.

The legal framework for trademark protection in Nigeria is the Trademark Act Cap T13, Laws of the Federation of Nigeria 2004. The Act defined trademark as “A mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate a connection in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person, and means, in relation to a certification trade mark”.

The relevant trademark authority in Nigeria is the Nigerian Trademarks Registry under the Federal Ministry of Industry, Trade and Investment.

CLASSIFICATION OF TRADEMARK

For uniformity across various jurisdictions including Nigeria, the Nice Classification (NCL) through the 1957 Nice Agreement established an international classification of goods and services for the purpose of the registration of trademarks. The Nice classification groups together similar goods and services into 45 classes. Classes 1-34 cover goods while services are listed under classes 35-45.

REGISTRATION OF TRADEMARK IN NIGERIA

Availability search. The first step before applying for trademark registration is to conduct an availability search to ensure the proposed trademark under the intended classification does not exist and does not infringe any similar or identical trademarks. The availability search is conducted manually by submitting a search request and payment of a prescribed fee to the Nigerian Trademarks Registry. The Registry then search and provides a formal search report which determines whether there are any conflicting trademarks or not.

Application for Registration. If the search is successful without any conflicting trademarks, application for Registration is then filed at the Trademark Registry. The documents required for the applications are:

1. Completed T.M Form 1 ‘Authorisation of Agent’.
2. The name and address of the proprietor of the trademark.
3. A representation of the proposed trademark.
4. An indication of the classification in which the trademark is to be registered.
5. Proof of payment of filing fees.

Acknowledgement of Application. A letter of acknowledgement would be issued by the Registrar upon the receipt of the application. This letter contains relevant filing details of the trademark such as date of application, temporary number, the trademark and so on.

Examination of Application. In this stage of registration, the trademark registry will examine the application and documents submitted to ensure distinctiveness and compliance with relevant laws and regulations. Distinctiveness is an essential attribute of trademark registration, which connotes having a notable peculiarity, speciality and a unique feature of a particular mark from another. Upon satisfaction and acceptance of the application, notification of acceptance of the trademark will be published on the Trademark Journal for opposition purpose. In a case where the application is not accepted, a letter of refusal is issued to the applicant stating the reasons for refusal. The applicant may then file a written appeal highlighting the reasons his application should be accepted.

Opposition of Trademark Application. Within two months from the date of publication in the trademark journal, any person can file a notice of opposition to the registration of the particular trademark. The Registry will investigate the matter and may hold a hearing to determine the validity of the opposition.

Issuance of Certificate. If no opposition is filed within two months from the date of publication, or where the opposition filed has been resolved, a certificate of registration would be issued to the applicant.

DURATION OF TRADEMARK

Trademark registration is valid for the initial period of seven years and subject to renewal for a further period of fourteen years. Renewal of trademark and payment of prescribed renewal fee should be done before the expiration of the initial period.

REVOCATION OF TRADEMARK

A registered trademark may be revoked or removed from the trademark register in three instances:

1. If the mark was not used for five years or more.
2. Failure to renew an expired trademark registration within the stipulated period.
3. Failure to comply with a condition precedent in relation to registration of a trademark.

ENFORCEMENT OF TRADEMARK RIGHTS AND AVAILABLE REMEDIES

Under the Trademark Act, registration of a trademark confers the owner valuable rights to institute an action for infringement, enjoy exclusive use of the trademark and sue for passing off. An unauthorised use or enjoyment of a registered trademark amounts to an infringement on the right of the trademark owner. Hence, a trademark owner can enforce his rights by instituting an action in the court of law and seeking remedies such as damages, injunction relief, possession or confiscation of infringing goods or recovery of profit. In the case of an unregistered trademark, the owner can protect his rights by instituting a passing off action against an unauthorised user. The trademark owner must show that he has been using the trademark, it has acquired goodwill, and there is a high possibility that consumers may be deceived into believing that there is some connection between the goods or services of the owner of the unregistered trademark and those of the unauthorised party.

CONCLUSION

Trademark registration is a vital step for businesses seeking to safeguard their brand identity and establish a unique market presence. By complying with the Trademarks Act and navigating the registration process with the Nigerian Trademarks Registry, businesses can secure exclusive rights to their trademarks, preventing unauthorised use and infringement.

Understanding the intricacies of trademark registration, classification, and maintenance is crucial for protecting this valuable intellectual property. Moreover, registered trademarks provide a robust safeguard against infringement and passing off, enabling businesses to enforce their rights through legal remedies.

In today’s competitive market, a registered trademark is a key asset that fosters consumer trust and reinforces brand recognition. Therefore, businesses are strongly advised to prioritise trademark registration to protect their intellectual property and ensure long-term market success in Nigeria.”