How To Trademark Brand Name, Logo, Slogan in Nigeria

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:

1. Books, songs, and movies – called Copyright

2. Logos and brand names – called Trademarks

3. New inventions or products – called Patents

4. 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.

Regulatory Bodies Involved in Trademark Registration

Below are some regulatory bodies involved before and after trademark registration ensuring that you have full ownership of your intellectual property.

1. Nigerian Industrial Property Office (NIPO)

The Nigerian Industrial Property Office (NIPO), operating under the Federal Ministry of Industry, Trade and Investment, is responsible for administering trademark registration in Nigeria.

It receives trademark applications, conducts examinations, publishes accepted applications in the Trademark Journal, and issues certificates of registration.

NIPO also maintains the official register of trademarks and oversees renewals, assignments, and other post-registration matters.

2. Federal Ministry of Industry, Trade and Investment (FMITI)

The Federal Ministry of Industry, Trade and Investment supervises Nigeria’s industrial property system.

Through NIPO, it ensures that trademark registration is administered in accordance with the Trade Marks Act and relevant regulations, promoting innovation and protecting brand owners.

3. Corporate Affairs Commission (CAC)

Although the CAC does not register trademarks, it registers business names and companies in Nigeria. Registering your business with the CAC does not automatically protect your brand name or logo as a trademark.

Trademark registration is a separate legal process that gives exclusive rights over your brand in relation to specific goods or services.

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

Benefits of Trademark Registration

Below are some of the reasons you should trademark your brand name or logo (or even both).

• Exclusive rights to use your brand
• Prevents competitors from using similar marks
• Builds customer trust
• Increases brand value
• Creates an intangible business asset
• Makes franchising easier
• Allows licensing opportunities
• Supports business expansion
• Attracts investors
• Strengthens legal protection against infringement

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:

• Classes 1–34: For goods/products

• Classes 35–45: For services

Download Trademark Classes

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.

What Can and Cannot Be Trademarked

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

You call also join our Corporate Community WhatsApp Forum

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 Registration vs CAC Registration

Many entrepreneurs mistakenly believe that registering a business with the Corporate Affairs Commission (CAC) automatically protects their business name or logo.

However, CAC registration and trademark registration serve different legal purposes.

1. Purpose

Trademark Registration: Protects your brand identity, including your business name, logo, slogan, or other distinctive marks, from unauthorized use by others.

CAC Registration: Establishes your business or company as a legally recognized entity in Nigeria, allowing it to operate lawfully.

2. Regulatory Authority

Trademark Registration: Administered by the Nigerian Industrial Property Office (NIPO) under the Federal Ministry of Industry, Trade and Investment.

CAC Registration: Administered by the Corporate Affairs Commission (CAC).

3. Legal Protection

Trademark Registration: Grants the owner exclusive rights to use the registered trademark for the approved goods or services and provides legal remedies against infringement.

CAC Registration: Gives the business legal recognition but does not automatically grant exclusive ownership of its brand name or logo as intellectual property.

4. Primary Benefit

Trademark Registration: Safeguards your brand, builds customer confidence, and enhances the value of your intellectual property.

CAC Registration: Enables your business to operate legally, open a corporate bank account, enter into contracts, and comply with statutory obligations.

Is One a Substitute for the Other?

No. Trademark registration does not replace CAC registration, and CAC registration does not replace trademark registration. If you want to legally operate a business and protect your brand from being copied, you should obtain both.

Which Should You Register First?

In most cases, businesses register with the CAC first to establish a legal entity before applying for trademark registration.

However, if protecting a unique brand is a priority, it is advisable to conduct a trademark availability search as early as possible to reduce the risk of conflicts with existing trademarks.