Protecting individual and corporate trademark rights in Nigeria

A trademark is a mark, phrase, word or symbol with which consumers associate with a particular brand, and this sign distinguishes the products and services of one manufacturer from another.

Proprietors of registered trademarks have the exclusive right to use their trademarks in connection to the classes of goods and services under which they are registered and they have the right to claim infringement of their trademarks.

Therefore, a person will be deemed to have infringed on the exclusive rights of a trademark owner, where he:

1. Uses a mark identical to the proprietor’s trademark or ;
2. Uses a mark so nearly resembling it, likely to deceive or cause confusion in the course of trade.

Importance of Registering Trademarks

1. Registered trademarks give an exclusive right to the proprietor, who enjoys monopoly over the name or symbol and the profits that accrue from it;

2. Unregistered trademarks may enjoy some legal protection, but unlike registered trademarks, proprietors who do not register their trademarks cannot recover damages for infringement. They can only maintain an action for passing off.

3. Registering your trademark ensures that you are not accidentally infringing on another registered trademark in the process of carrying out your business.

How to Register Trademarks

The Trademark Act 2022 only protects the rights of those whose trademarks have been registered under the Act. This is because the exclusive right to use a trademark is only available to a proprietor who has registered his right as such. Thus, while trademarks may be protected by use, it is safer to register with the appropriate authority.

This means that proprietors of unregistered trademarks cannot claim infringement. They can only maintain an action for passing off against a person who uses a similar or identical trademark.

The following are required for a trademark registration:

1. Applicant’s details (i.e., name, signature, nationality, and address),
2. Details of the trademark,
3. A representation of the logo, design or catchphrase to be used,
4. The classification of goods and/or services.

The nature of the goods and services is important to determine under what class the trademark will be registered. Registration of a trademark under one class will provide an exclusive protection under that class only, hence, the trademark owner can only claim the trademark in respect to the goods or services under which it is registered.

An application for registration is filed on the Trademark Registration portal, however, you have to employ the services of an accredited agent to carry out the registration on your behalf.

Validity of Registered Trademarks

Once a trademark application is approved, an acknowledgement letter is issued to the trademark owner, verifying the registration of the trademark.

The trademark is valid for a period of 7 years at the first instance, and can be renewed subsequently. Each renewal is valid for a period of 14 years.

In this era of branding and internet marketing, every brand sells as much as its identity, by leveraging the trust it has built since its emergence to make huge sales daily, and it is on such a basis that the registration of your trademark is highly recommended.

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