If the Trademark Registry in Nigeria Rejects My Application, Are My Fees Refunded? | Two-Minutes Lesson

Refusal
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The question of what happens to fees paid to file a trademark application is a common one especially in cases where a trademark application is refused. Clients often ask: If the Trademark Registry in Nigeria rejects my application, will the fees paid be refunded? The simple answer is No.

Trademark Registries and authorities in most countries will not refund fees if they reject a trademark registration application. The same rules apply to trademark applications filed in Nigeria. The Trademark Registry in Abuja will not refund fees if they reject an application to register a trademark filed in Nigeria.

Refusal Letter
Sample header of a trademark refusal letter

Again most legal service firms and law firms will not refund their professional fees for filing an application if the application is rejected or refused. The reason for this is that billing in the legal service industry is typically done on an hourly basis.  What this means is that lawyers typically charge an amount proportionate to the time they spend working on your transaction.

Think about it this way – the lawyer prepares the trademark application; pays the official fees for filing the trademark application; files the application; receives the acknowledgement and forwards it on to the client; monitors the application to receive a decision on whether the mark has been approved or refused etc. Each step of the way the lawyer is expending his time and resources including direct and indirect costs and as such whether or not the decision is favorable to the client, a refund should not be expected.

If you are interested in filing trademark applications in Nigeria, please email trademarks@nlipw.com and someone from our team would assist you.

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About Ufuoma Akpotaire 178 Articles
Ufuoma is a Senior Editor and Director of Regulatory Policy at NLIPW. She assists clients in the protection of copyrights, trademarks and patents. She counsels clients regarding validity and infringement matters and has experience acting against the infringement of IP and addressing counterfeit issues. She holds a Masters degree (LL.M.) from Columbia Law School, New York and a law degree from the University of Nigeria (LL.B. Honors). She is admitted to practice law in Nigeria and in the State of New York. Ufuoma cut her teeth in the intellectual property practice groups of some of the largest law firms in Nigeria and has years of experience working with major non-profit organizations in New York. Email: uakpotaire@nlipw.com

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