Trademark Law In Nigeria In Suffolk
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You can register your trademark at the trademark registry, Ministry of industry, Trade and Investment, Abuja Nigeria. The trademark must be distinctive for the goods and services that you provide, not be deceptive, illegal or immoral and not be similar to existing trademarks.
One major way to conduct a trademark search is through the online portal of Trademarks, Patents, and Designs Registry, also known as the Intellectual Property Office. However, before one can conduct searches, he or she must be an accredited user.
The validity term of a trademark in Nigeria is 7 years from the filing date and renewable for the successive periods of 14 years. An application for renewal must be filed 3 months before the expiration date of the registration.
The principal legislations regulating trademarks in Nigeria are the Trade Marks Act, 1965; the Trade Marks Regulations, 1967; the Merchandise Marks Act, cap M10; the Laws of the Federation of Nigeria 2004 (LFN 2004); and the Trademark Malpractices (Miscellaneous Offences) Act, cap T12, LFN 2004.
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.
Trademark rights are enforceable in Nigerian courts. The owner of a registered trademark in Nigeria may decide to enforce right of exclusive use of the mark by instituting action before the Federal High Court of Nigeria and seek injunctive relief to restrain and stop future violations of the registered trademark.
Requirements for Registration of Trademark: Applicant's details (i.e., name, signature, nationality, and address). Details of the trademark. A representation of the mark. The classification of goods and/or services (Nigeria uses the Nice Classification of Goods and Services).
Unlike company registration which may be completed within one to two weeks, trademark registration may take up to 18 months before the entire process can be completed. Trademark lasts for a period of 7 years and can be renewed after an expiration from time to time. Every subsequent registration lasts for 14 years.
Personal names Personal names cannot be trademarked. For example, you cannot trademark the name “John Smith” or the name “Mary Jones.”
