Registered Design – Why Do I Need One?
A registered design, sometimes referred to as industrial design, gives protection to the shape or appearance of the product e.g. lines, colors or any three-dimensional form. The idea is to prevent others from copying the external design of the product. The owner of a registered design can prevent others from reproducing, importing, selling or utilizing for commercial purposes a product reproducing the design.
How Much Does It Cost to Register a Design?
The official fee for obtaining a registered design in Nigeria is N24,477 for textile designs and N22,519 for non-textile designs. Lawyers and other trademark agents typically charge additional fees as part of their professional fees, courier, and other related expenses.
Can the Owner of the Design Sell It Before Registration?
No. If the design has been sold or made available to the public before the application for registration, it will no longer be considered new unless the applicant can show to the satisfaction of the Registrar that the creator of the design could not have known that it was being sold or made available to the public.
How Do I Apply for a Registered Design?
In order to register a design in Nigeria, there are a number of steps an applicant must first take:
- The applicant must consider whether or not the design is new.
- The applicant must not publicize the design before seeking legal protection.
- The applicant must provide a specimen of the design (images will need to be in JPEG format).
- The applicant must provide the trademark agent with a signed Power of Attorney authorizing them to file the design on his behalf.
- The applicant must also provide basic information including the name and address of the applicant, an indication of the kind of products associated with the design, and the title of the design.
- The applicant will also be required to pay the application fee and other professional fees.
How Long is a Registered Design Valid?
A registered design is protected for a period of 5 years from the date of the application for registration. However, protection may be renewed for two further consecutive periods of 5 years.
What Is Protected by the Design Registration?
The right to the registration of a design is vested in the person who is the first to file an application for the registration of the design in Nigeria. The owner of a registered design can prevent others from reproducing, importing, selling or utilizing for commercial purposes a product reproducing the design.
For more information or questions on filing design applications in Nigeria, please email firstname.lastname@example.org