Requirements for Filing a Trademark Application in Nigeria

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Filing a trademark application at the Trademarks, Patents and Designs Registry in Nigeria requires that an applicant comply with the requirements of the Trademark Act and regulations. Applicants typically hire lawyers who specialize in trademark matters to represent them in the application process and in most cases provide legal advice.

There are a few basic requirements for filing a trademark or service mark application with the Trademarks, Patents and Designs Registry in Nigeria.

The applicant will need to provide the following information:

1. The name, address and nationality of the applicant.

2. If the applicant is a company, the country or state of incorporation should be included on the Form 1 – Power of Attorney (POA) authorizing an agent to file the application on the company’s behalf. A sample POA is provided below. Form 1

3. A description of the goods and/or services for which registration is required. For example:

  • Class 05 – House mark for a full line of pharmaceuticals, but not including pharmaceuticals intended to treat multiple sclerosis or related diseases or conditions related to multiple sclerosis, all of the foregoing specifically excluding pharmaceutical preparations for the treatment of cancer.
  • Class 42 – Business technology software consultation services; Computer network configuration services; Computer security consultancy; Computer services, namely, computer system administration for others; Computer services, namely, data recovery services; Computer services, namely, on-line scanning, detecting, quarantining and eliminating of viruses, worms, trojans, spyware, adware, malware and unauthorized data and programs on computers and electronic devices; Computer services, namely, on-site management of information technology (IT) systems of others; Computer services, namely, remote management of the information technology (IT) systems of others; Computer system analysis; Computer technology consultancy; Consulting in the field of information technology; Data encryption and decoding services; Data migration services; IT consulting services; Monitoring of computer systems by remote access to ensure proper functioning; Recovery of computer data; Remote computer backup services; Technical support services, namely, remote and on-site infrastructure management services for monitoring, administration and management of public and private cloud computing IT and application systems; Technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems.

4. If the trademark includes a logo (often referred to as a device), the applicant would also need to provide the logo in jpeg format.

5. If the mark contains or consists of non-English words, a translation of those words into English should be provided.

For more information on filing trademarks in Nigeria, please email trademarks@nlipw.com. This article was originally published on September 27, 2017.

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About Ufuoma Akpotaire 311 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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