Trademark Law In Nigeria In Queens
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Non-Registrable Marks that cannot be registered as Trademarks in Nigeria Any mark which, if registered, is likely to deceive or cause confusion in the minds of people; Any scandalous design. Geographical names in their ordinary signification eg names of cities, countries, villages, etc Names of chemical substances.
What are the requirements for registering a trademark in Nigeria? Trademark registration may take up to 1 year to be fully completed. However, upon the issuance of an acceptance letter in about 4 to 6 weeks of the start date, you are guaranteed of the protection you need to be able to trade in your goods or services.
The Registry requires an applicant to file their Trademark application through an authorized agent or legal practitioner and the applicant is to show evidence of compliance through the non-notarized Power of Attorney donated to the authorized Agent or Trademark Attorney for their application for Trademark ...
What can be registered as a trademark in Nigeria? Section 67 provides for a device, brand, heading, label, ticket, name, signature, word, letter, colour mark, numeral, the shape of goods, their packaging, or the combination of colours may be registered as a trade mark in Nigeria.
The processing time from first filing to registration is approximately 12-16 months in case of a smooth procedure. Registration of the trademark in Nigeria can be cancelled on the grounds of non-use upon a third party's request if it has not been used for five consecutive years before such a request has been filed.
You can not register marks that are inherently offensive or obscene. You can not register marks that are generic that simply name a type or class or product or service. For example, you can't trademark “lamp” for a company that makes lamps.
Marks or Designs that are unlawful or contravene public policy, deceptive or scandalous marks that are likely to cause confusion, names of chemical substances, similar or identical marks or designs, geographical names in their ordinary signification are not registrable as trademarks in Nigeria.
In respect of plant or animal varieties, or essentially biological processes for the production of plants or animals (other than microbiological processes and their products) patent is denied.
How Often Do Trademarks Need To Be Renewed? Trademarks need to be renewed every 10 years. Federally registered trademarks last for ten years, with potentially infinite additional 10-year renewal terms as long as you continue to use them to identify your products or services.
