After the trademark registration process is completed, the process of maintaining the trademark begins. It is critical for the owner of a trademark to maintain it by filing renewals. In Nigeria, the first renewal is due 7 years from the date of the initial application. Each renewal following the first renewal is needed every 14 years thereafter.
Maintaining Trademarks in Nigeria
It is important to ensure that a renewal is filed with the Trademarks, Patents and Designs Registry in Nigeria because failure to do so increases the risk of the trademark being cancelled or removed from the register of the trademarks.
According to the Trademarks Regulations, the filing can be made up to three months before the expiration of the last registration.
Section 66 of the Trademark Regulation states:
At anytime not more than three months before the expiration of the last registration of a trademark any person may leave with the Registrar a fee for the renewal of the registration of the mark upon Form 12 and, if he is not the registered proprietor, shall sign a statement on the Form that he is directed by the registered proprietor to pay the fee (if such be the case) and shall give his address; and before taking any further stop the Registrar may either –
(a) require the person leaving the fee to furnish within ten days an authority to pay the fee signed by the registered proprietor, and if he does not furnish such authority may return the fee and treat it as not received; or
(b) Communicate with the registered proprietor stating that the fee has been received and that the registration within due course be renewed.
69. If at the date of the expiration of the last registration of a mark the renewal fee has not been paid the Registrar shall advertise the fact forthwith in the Journal, and if within one month of that advertisement the renewal fee upon Form 12 together with an additional fee upon Form 13 is received, he may renew the registration without removing the mark from the register.
70. Where at the expiration of one month from the advertisement mentioned in regulation 69 of these Regulations the fees therein mentioned have not been paid, the Registrar may remove the mark from the register as of the date of the expiration of the last registration, but may, upon payment of the renewal fee upon Form 12 together with a restoration fee upon Form 14, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.
Cost of Filing Trademark Renewal in Nigeria
In order to file a renewal for a Nigerian trademark, there are fees that have to be paid directly to the Trademarks Registry and also professional fees for lawyers. The current official fee for filing a renewal in Nigeria is $10,770 (approximately $110) while lawyer fees usually range between $300- $600.
What are the Documents Required for Trademark Renewal
- Certificate of Registration of the Trademark
- Power of Attorney (Please include Information on the applicant including the Name and Address)
- Trademark or Registration number, Logo(if any) and class of goods or services for renewal.
If you need assistance filing renewals in Nigeria, please email firstname.lastname@example.org. This article is intended to provide general information about the subject matter. Professional legal advice should be sought about specific circumstances.