This guide explains how to register a trademark in Nigeria, step by step. A registered trademark gives its owner the exclusive right to use a brand name, logo or slogan for the goods or services it is registered for, and the right to stop others from using the same or a confusingly similar mark. Without registration, a business has to rely on the harder and more expensive action for passing off.
Many Nigerian businesses assume that registering a company or business name with the Corporate Affairs Commission (CAC) protects their brand. It does not. CAC registration only gives the right to trade under that name. Brand protection comes from registering the name or logo as a trademark at the Trademarks Registry.
Trademark law in Nigeria
Trademarks in Nigeria are governed by the Trade Marks Act and the Trade Marks Regulations. Applications are filed at the Trademarks, Patents and Designs Registry in Abuja, which is part of the Commercial Law Department of the Federal Ministry of Industry, Trade and Investment. Applications are filed online through the Registry's electronic filing system, usually by an accredited trademark agent.
New laws to replace the Trade Marks Act, including a Trade Marks Bill and a bill to set up an Industrial Property Commission, have been before the National Assembly for several years but have not yet been passed. Nigeria is also not a member of the Madrid System for the international registration of marks, so foreign brand owners must file a national application in Nigeria.
What can be registered as a trademark in Nigeria
A trademark is any sign that distinguishes one business's goods or services from those of others. In Nigeria, you can register:
- brand names and product names, such as a company's trading name or the name of a product
- logos and devices, including stylised words and pictures
- slogans and taglines
- combinations of words and designs
- marks for services, such as banking, restaurants, software, logistics or education, as well as marks for goods
What cannot be registered
The Registrar can refuse marks that:
- are identical or confusingly similar to an earlier registered or pending mark for the same or similar goods or services
- simply describe the goods or services or their quality, such as "Fresh Bread" for bread
- are common surnames or geographical names without any distinctive element
- are deceptive, or likely to cause confusion about the origin or nature of the goods
- are scandalous or contrary to law or morality
- include national symbols, coats of arms or names of public bodies without authority
The Register has two parts. Part A is for marks that are inherently distinctive and gives the strongest protection. Part B is for marks that are capable of becoming distinctive through use. Choosing a distinctive brand name at the start makes registration easier and the mark easier to enforce.
Trademark classes in Nigeria
Nigeria uses the Nice Classification, which divides goods and services into 45 classes: classes 1 to 34 for goods and classes 35 to 45 for services. A trademark is registered only for the classes and goods or services listed in the application.
Each application covers one class. A business that sells clothing (class 25) and runs a retail store (class 35) needs two applications. Before filing, list everything you sell now and plan to sell in the next few years, and file in every class that matters to your business.
Documents needed to register a trademark in Nigeria
To register a trademark in Nigeria, you need:
- The applicant's details: full name, address and nationality, or for a company, its registered name and address
- A clear representation of the mark: the word mark, or a high-quality image of the logo
- The class and a list of goods or services the mark will be used for
- A power of attorney authorising the trademark agent to file the application, signed by the applicant
- The official filing fee
Foreign applicants file through a Nigerian trademark agent, and the power of attorney is usually accepted with a simple signature. If the application claims priority from an earlier foreign application, a certified copy of that application may also be needed.
How to register a trademark in Nigeria: the six steps
- Conduct an availability search
- File the application
- Examination by the Registry
- Acceptance
- Publication in the Trade Marks Journal
- Registration and certificate
Each step is explained below.
Step 1: Conduct an availability search
Before filing, search the Registry's records for identical or similar marks in the same class. The search shows whether the mark is likely to be accepted and whether using it could infringe someone else's rights. A search takes a few days and costs far less than rebranding after an objection or an infringement claim.
Step 2: File the application
The application is filed online with the representation of the mark, the class and the specification of goods or services, the applicant's details and the power of attorney. Once the fee is paid, the Registry issues an acknowledgement with the application number and filing date. The filing date is important: from then, the application has priority over later applications for similar marks.
Step 3: Examination by the Registry
The Registry examines the application to confirm that the mark is registrable and does not conflict with earlier marks. If it has concerns, it raises objections, which can usually be answered with written arguments, a narrower list of goods or services, a disclaimer of a descriptive element, or evidence that the mark has become distinctive through use.
Step 4: Acceptance
If the Registry is satisfied, it issues an acceptance letter. Acceptance is not yet registration. The mark must first be published so that other businesses have a chance to object.
Step 5: Publication in the Trade Marks Journal
The accepted mark is published in the Trade Marks Journal. Any person can file a notice of trademark opposition within two months of publication, for example because the mark is similar to their earlier mark or because the applicant is not the true owner of the brand. If an opposition is filed, the parties exchange statements and evidence, and the Registrar decides after a hearing.
Step 6: Registration and certificate
If there is no opposition, or an opposition fails, the mark is registered and the Registry issues the certificate of registration. Registration takes effect from the filing date, so the owner's rights date back to the day the application was filed.
How long does trademark registration take in Nigeria?
Registering a trademark in Nigeria usually takes 12 to 24 months from filing to the certificate, depending on the Registry's workload, whether objections are raised and whether the mark is opposed. The applicant can use the mark while the application is pending, and the filing date protects their priority. Anyone planning how to register a trademark in Nigeria before a product launch should therefore file as early as possible.
How long does a trademark registration last?
A Nigerian trademark registration lasts for seven years from the filing date and can be renewed for successive periods of fourteen years, indefinitely, as long as renewal fees are paid on time. A mark that is not renewed can be removed from the register. A registered mark that is not used for a continuous period of five years can also be removed on the application of an interested person, so registration should be followed by genuine use.
How much does it cost to register a trademark in Nigeria?
The cost is made up of the official Registry fees for the search, filing, acceptance and certificate, and the agent's professional fee. The total depends mainly on the number of classes, since each class needs its own application, and on whether objections or oppositions have to be dealt with. Ask for a fixed quote per class before filing.
Common mistakes when registering a trademark
- Relying on CAC registration of the company name as brand protection
- Skipping the availability search and discovering a conflicting mark after filing or after launching
- Choosing a descriptive name that the Registry refuses or that competitors can use freely
- Filing in too few classes, leaving gaps that competitors can register
- Registering the mark in the name of a director or distributor instead of the company that owns the brand
- Missing the renewal date, which can lead to the mark being removed from the register
- Not watching the Trade Marks Journal for similar marks filed by others, and missing the two-month window to oppose them
Trademark registration for foreign companies
Foreign companies can register trademarks in Nigeria through a Nigerian agent. Because Nigeria is not part of the Madrid System, an international registration does not extend to Nigeria, and a separate national application is needed in each class. Foreign brand owners entering Nigeria should file before appointing distributors or launching products. Distributors sometimes register their principal's brand in their own name, and recovering it means opposition or court proceedings. Our guide on how to register a foreign-owned company in Nigeria covers the wider steps for entering the Nigerian market.
Protecting your trademark after registration
Registration is the foundation of brand protection. After registration, owners should:
- watch the Trade Marks Journal for conflicting applications and oppose them in time
- take action against trademark infringement and counterfeiting through cease and desist letters, the Federal High Court and regulators such as NAFDAC and SON
- record licences, assignments and changes of name or address at the Registry
- protect distinctive packaging as an industrial design, and register domain names and social media handles that match the mark
Trademark disputes are heard by the Federal High Court, which can grant injunctions, order the seizure and destruction of infringing goods, and award damages or an account of profits.
Frequently asked questions
Can I register a trademark in Nigeria myself?
An individual can apply, but most applications are filed by accredited agents through the Registry's online system. A trademark lawyer also searches the register, chooses the right classes, answers objections and handles oppositions.
Can I use the ® symbol while my application is pending?
No. The ® symbol should only be used after registration. While the application is pending, you can use ™ to show that you claim the mark.
Do I need to register my trademark in every class?
No, only in the classes that cover the goods and services you sell or plan to sell. Each class needs a separate application.
What happens if someone has already registered my brand name?
You may be able to oppose a pending application within two months of publication, apply to remove a registered mark that has not been used for five years, or bring a rectification or passing-off action if you used the mark first.
Can a trademark registration be transferred?
Yes. A registered trademark can be assigned or licensed, and the assignment or licence should be recorded at the Registry.
How our trademark lawyers can help
Our trademark registration lawyers search the register, file and follow up applications across all relevant classes, answer objections, defend and file oppositions, and manage renewals for Nigerian businesses and international brand owners. If your brand is built on an invention, our guide to patent registration in Nigeria explains how to protect the technology behind it. Find out more about our intellectual property lawyers, or read more trademark guides.
To protect your brand, contact us.
