A trademark gives brands exclusive rights to their intellectual property. Trademarking your brand name or logo, or slogan in Nigeria helps you to stay ahead of the competition and avoid cases of people hijacking your ideas or inventions.
Trademark is a key aspect of intellectual property in Nigeria and are very crucial for business success.
Intellectual Property (IP) means ideas or creations made by someone’s mind that have value and can be owned.
It includes things like:
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Books, songs, and movies – called Copyright
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Logos and brand names – called Trademarks
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New inventions or products – called Patents
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Secret recipes or business methods – called Trade secrets
Even though you can’t touch these things like land or a car, people can still own them, sell them (intangible assets), they are as crucial as other tangible assets like roads, cars, vehicles, and buildings that add value to a business and make it successful.
What is a Trademark: Why Does It Matter for Your Brand in Nigeria?
Think about your brand name or logo, or slogan as something that people know, remember and like you for that sets you apart from the world.
But if this is not protected, anyone can wake up tomorrow and use it like it’s theirs. Sounds scary, right?, If you love a girl, you put a ring on her finger to engage her and show the world that she is off the market.
A trademark is a symbol, design, or phrase in the form of a slogan or motto legally registered. It represents a company or product, distinguishing it from others.
Trademark gives the owner exclusive rights to specific goods and services. This also and at the same time restricts access from others.
Understanding What You Can Trademark in Nigeria
Below are the different types of elements that can be trademarked in Nigeria
- Brand name
- Logo
- Slogan
Trademark Requirements in Nigeria
Below is the information you must have handled before proceeding with trademark registration;
- Name, nationality, and address of the proprietor of the trademark;
- CAC Documents (Though this is optional)
- Representation of the trademark
- Specification of goods/services for which the trademark is to be registered;
- The class of goods/services under which the goods/services or logo falls
- An executed power of attorney (Form 1) in favour of an agent or attorney
Classes of Trademark
Trademark classare categories used to categorize goods and services for registration. Nigeria uses the NICE Classification system to classify its trademarks.
The NICE system is an international standard with 45 classes:
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Classes 1–34: For goods/products
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Classes 35–45: For services
Download Trademark Classes
| Class | Category | Example |
|---|---|---|
| Class 3 | Cosmetics & Cleaning Products | Perfumes, soaps, and skincare |
| Class 5 | Pharmaceuticals | Medicine, supplements |
| Class 9 | Electronics & Software | Phones, apps, tech devices |
| Class 25 | Clothing | Shirts, shoes, fashion |
| Class 29 | Food Products | Meat, dairy, processed foods |
| Class 30 | Snacks & Beverages | Rice, biscuits, tea |
| Class 35 | Business & Advertising Services | Consultancy, marketing, retail |
| Class 36 | Financial Services | Banking, insurance |
| Class 39 | Transportation & Logistics | Courier, shipping, ride-hailing |
| Class 41 | Education & Training | Schools, e-learning platforms |
| Class 43 | Hospitality | Hotels, restaurants, event spaces |
Steps to Trademark a Brand Name, Logo or Slogan in Nigeria
Below are the steps to take to process your trademark in Nigeria.
1. Account Creation
The first stage of trademark is account creation, that is, if you don’t have an existing one already. You can create an account as an individual or as a corporate body.
If you run a consulting firm, and you are processing the application for a client, then a corporate account should be the best option.
You can also employ the services of an accredited trademark agent like Legacy Benjamin Consult to handle the task
2. Name Availability Search
The next stage is to conduct an availability search for that particular mark to be sure that the name, logo symbol or slogan is still available and has not been registered already.
3. Application Filing
After searching and there is sufficient evidence that the intended mark has not been used before. Next is the application filing and payment of the required fees.
After the fees have been paid and the application approved, an acknowledgement letter will be issued by the Registry upon successful approval and documentation.
The acknowledgement letter is given by the IPO within 7 to 20 days of the application and can be used as a legal document.
4. Publication in the Trademarks Register and Filing of Opposition
Once the trademark has been approved and registered by the ministry, it will be made public in the Trademarks Journal.
The journal is made available to the public and open for criticism and objections. This opposition period is within the space of 2 months post publication
If a notice of opposition is filed against a trademark, the Registrar shall send the notice of opposition to the applicant, and it is expected that a counterstatement be filed by the applicant stating the grounds relied upon.
Where a counterstatement is filed by the applicant, a copy of it is sent by the Registrar to the opposing party. The parties are then required to exchange evidence, after which a hearing date is fixed.
After such a hearing, the Registrar will finally decide whether the trademark registration is to be permitted. The decision of the Registrar is subject to appeal to the Federal High Court.
5. Issuance of the Certificate of Registration
Where there is no opposition within the time of publication in the trademarks journal, the Registrar shall, within any time from the expiration of that two-month publication, register it finally in the register
The Registrar shall enter such in the Register upon satisfaction that all fees have been paid, and any other requirements have been adequately met by the applicant.
Note that the trademark certificate is electronic and is delivered digitally.
Cost to Trademark A Brand Name, Logo or Slogan in Nigeria
Below is the simplified cost of processing a trademark in Nigeria.
- Trademark Application fees ₦16,500
- Certificate issuance ₦11,500
- Change of Trademark Name ₦11,000
- Change of Trademark address ₦11,000
- Renewal of registered trademark after 7 years ₦15,000
- Availability search ₦1,500
- Application for registration of defensive marks ₦15,000
- Notice of opposition ₦8,000
- Counter Statement ₦8,000
- Statutory declaration ₦8,000
- Penalty for late renewal of trademarks ₦5,000
- Certified true copy of trademark certificate ₦8,000
How Long Does It Take to Register a Trademark
With the innovations and changes in technology. Registering a trademark from the stage of name search to application to getting an acknowledgement letter takes between 30 days to complete.
Usually, after this process, most applicants (clients) do not care about processing the certificate. The trademark certificate is issued after 1 year.
How to Check if a Name is Trademarked in Nigeria
To check if a name or logo, or slogan has already been trademarked in Nigeria, visit the trademark portal. This process can only be done by an agent.
Trademark Accredited Agents in Nigeria
If you are looking for the services of a skilled professional or trademark-accredited agent to carry out the registration, Legacy Benjamin Consult is your trusted plug.
Send us a DM now 08066108299 for your trademark registration
Common Mistakes to Avoid When Applying for a Trademark
To have a smooth and successful trademark procedure, either for a brand name, logo or slogan in Nigeria. You must avoid these mistakes
- Not conducting a careful and proper name search
- Choose the wrong class of trademark
- Not getting the right information from the client
- Not making payment on time, which could lead to a delay
- Patient and professional
- Underpricing your fee to the client
Trademark Portal
You can access the trademark portal here
List of Registered Trademarks in Nigeria
You can access the download list of registered trademark classes here.
Trademark Journal Nigeria
You can access the latest trademark journals online.
Trademark FAQS
Below are some frequently asked questions regarding trademarks in Nigeria
A. Can I trademark my business name and logo together in Nigeria?
Yes, it is possible to trademark your name and logo together
B. How long does it take to get a trademark certificate in Nigeria?
It takes 1 year to get the trademark certificate after getting the acknowledgement letter
C. How much does it cost to register a trademark in Nigeria?
At Legacy Benjamin Consult, the cost of trademark registration is ₦70,000 (Without certificate)
D. What is the difference between a trademark and a business name?
A business name identifies the legal entity of a business, which is registered with CAC, while a trademark identifies and distinguishes the source of goods or services, such as a logo, slogan or symbol
E. Do I need a lawyer or agent to register a trademark?
Not really. Anybody with agent access and professional knowledge, and skills can process the trademark
F. Is trademark registration in Nigeria permanent?
No. A trademark is to be renewed after 7 years
G. Can I trademark more than one item (name, logo, slogan) at once?
Yes.
H. How many trademark classes can I register under?
1 class at a time
I. What happens if someone is already using my trademark?
You can file a lawsuit
J. Where do I file a trademark application in Nigeria?
Visit the Trademark website or employ the services of an agent
Conclusion:
Trademark registration is a crucial step in propecting your brand. When you trademark your business name, logo or slogan, you ensrue that no one else can use such brand without your permission.
By registering your trademark, you create a legal safeguard for what makes your brand special. Whether it’s a catchy name or logo, or a particular style.
These elements define your business and set you apart from the competitors
