When a trademark application is accepted by the Trademarks Registry in Nigeria, an Acceptance Slip or Notice is issued to the applicant through the filing agent. The next step in the process if for the trademark to be advertised in the Trademarks, Patents and Designs Journal, giving interested parties the opportunity to oppose the trademark application.
If no one opposes the registration of the trademark, or if an unsuccessful opposition is lodged, the trademark applicant or the agent will then apply for the Certificate of Registration.
Opposition
A person has two months from the date of advertisement in the Trademarks Journal to oppose the registration of the trade mark. If no opposition is raised then the mark will be registered as a trademark in Nigeria.
Registration Certificate
A final certificate can be applied for following the expiration of the two months opposition period, provided there is no opposition.
The name of the trademark will typically appear on the upper left hand corner of the certificate and If the application was filed online, the certificate will state that the application was filed ‘online’.
How Long is the Registration Certificate Valid?
The registration is valid for 7 years from the date of application NOT from the date of registration. Registration may be renewed for periods of 14 years each.
Can I Use my Trademark Certificate in Legal Proceedings?
No, you cannot use the trademark certificate in legal proceedings. The trademark certificate clearly addresses this question. It states:
“This certificate is not for use in legal proceedings or for obtaining registration abroad.”
Assuming I Move after Obtaining the Certificate of Registration, Do I have to Notify the Registry?
Yes you do. Any changes in the address of a trademark holder should be made known to the Registrar so that the change in address can be registered.
For more information on filing trademarks in Nigeria, contact our trademarks team at trademarks@nlipw.com or call +1 347 688 5972.
This article was published in NLIPW Trademarks Law Vol. 3 No. 22 of February 13, 2017. The article is intended to provide general information.
