Protecting individual and corporate trademark rights in Nigeria

Protecting individual and corporate trademark rights in Nigeria

June 28, 2024

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.

 

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer. This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached

 

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Frequently Asked

  • What additional documents do I require to file my Annual Returns?
  • Do I need a Company Secretary?

    A limited liability company (LLC) must not have a company secretary.

  • What is a testimonium clause in an agreement?

    This is the part of the agreement where the witness attests to have witnessed the execution of the agreement.

  • If I have NAFDAC Registration number, do I still need SON registration number?

    SON Product Registration scheme is mandatory for all SON’s regulated products as mandated by SON Act 56 of 1971, 20 of 1984, 18 of 1990 as amended.

    This is irrespective of the registration done by NAFDAC

  • What is data protection?

    Data protection is a legal process of protecting sensitive data.

  • Must I register my work with the Nigerian Copyright Commission?

    No, you must not register your work under the Nigerian law but you have the option to do so. This is because as soon as the original work becomes fixed and tangible it automatically becomes copyrightable.

  • Do I have to physically drop off my product sample at NAFDAC office?

    No, you can choose to have it sent to NAFDAC office

  • What is the first thing I must do to register a business in Nigeria?

    To register a business in Nigeria; you would need to conduct a name search of the business. You can achieve this using your CAC-CRP account.

  • Does a trademark search automatically reserve my trademark name?

    No, a trademark search does not automatically reserve that which is sought to be trademarked. A search ascertains whether that which is sought to be trademarked is available or violates any existing trademark.

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