A Trademark is a type of intellectual property utilized to differentiate the products or services of one company from those of another. It can manifest in various forms such as logo, a word or phrase, a slogan, a sound, or even a colour. Essentially, a trademark acts as a symbol that signifies the origin of a specific product or service.
Purpose of a Trademark
The main objective of a trademark is to safeguard a company’s brand and avoid confusion in the market. Through creating a distinct trademark, a business can set its products or services apart from those of its rivals. This differentiation can be crucial in cultivating brand awareness and customer allegiance.
Trademark Registration in Nigeria
The Trademark is filed with the Commercial Law Department of the Ministry of Trade and Investment, specifically through the Trademarks, patents and Designs Registry. Before submitting the application, it is necessary to conduct a search within the relevant class to ensure that there are no conflicts with the existing marks.
Trademark Classification
The NICE classification is a globally recognized system for categorizing goods and services in the context of Trademark registration. It was created under the Nice Agreement in 1957 and is presently overseen by the World Intellectual Property Organization (WIPO). This classification consists of 45 classes, with classes 1-34 applying to goods and classes 34-35 relating to services. Each class denotes a distinct group of goods or services, and trademark are registered within specific classes corresponding to the intended use of the goods or services.
The 45 classes of the NICE classification are:
Classes 1-34 (Goods)
- Chemicals
- Paints
- Cosmetics and cleaning preparations
- Lubricants and fuels
- Pharmaceuticals
- Metals and metal goods
- Machinery and machine tools
- Hand tools
- Electrical and scientific apparatus
- Medical apparatus
- Environmental control apparatus
- Vehicles
- Firearms
- Jewellery and precious stones
- Musical instruments
- Paper goods and printed matter
- Rubber goods
- Leather goods
- Non-metallic building materials
- Furniture and articles not otherwise classified
- Housewares and glass
- Cordage and fibers
- Yarns and threads
- Fabrics
- Clothing
- Fancy goods
- Floor coverings
- Toys and sporting goods
- Meats and processed foods
- Staple foods
- Natural agricultural products
- Beers and beverages
- Wines and spirits
- Tobacco products
Classes 35-45 (Services)
- Advertising and business services
- Insurance and financial services
- Building construction and repair services
- Telecommunications services
- Transportation and storage services
- Treatment of materials services
- Education and entertainment services
- Computer and scientific services
- Hotel and restaurant services
- Medical and veterinary services
- Personal and legal services
Steps for Registering a Trademark in Nigeria
In Nigeria, the process of registering a trademark involves several sequential actions, outlined a follows:
- Conducting a search: Prior to applying for trademark registration, it is essential to conduct a search to verify that the proposed trademark does not infringe on any existing trademarks. This search is carried out by examining the files at the Trademark registry. Currently, online trademark searches are not available in Nigeria and the search must be conducted manually at the registry.
- Filing an application: Upon completion of the search and confirmation of the availability of the proposed trademark, an application may be submitted to the Trademarks Registry. The application should contain the applicant’s name,address,and nationality, a clear representation of the Trademark and a description of the goods or services for which the trademark will be utilized.
- Examination: Following the submission of the application, the Trademarks registry will review the application to ensure its compliance with the relevant laws and regulations. If any issues arise, the Registry may raise objections or request additional information.
- Publication: Upon acceptance of the application, it will be published in the Trademarks journal allowing interested parties to contest the registration if they believe that the trademark violates their rights.
- Opposition: In the event of an application, the Trademarks Registry will investigate the matter and may conduct a hearing to determine the validity of the opposition. A valid opposition must be submitted within two months after the publication of the trademark.
- Issuance of certificate: If no oppositions are raised, or if the oppositions have been resolved in favour of the applicant, the Trademarks Registry will issue a certificate of registration.
Getting a Trademark registered in Nigeria typically takes 12 to 36 months. It all depends on different things like the number of objections and oppositions. Its best to get guidance from a Lawyer who specializes in Trademark Law to make sure the application is done right and to lower the chance of objections or oppositions.
Trademark Infringement
Trademark Infringement occurs when another party uses a registered trademark without permission. In cases of infringement, a trademark owner can take legal action to protect their trademark rights. Remedies for trademark infringement includes injunctive relief, damages and the likely seizure of goods.
Conclusion
In conclusion, Trademarks are vital for branding and crucial for any business’s success. Through developing a distinct trademark, companies can safeguard their intellectual property and differentiate their goods from competitors’
The information provided in this article aims solely to educate readers generally.It does not establish an attorney-client relationship with our law firm or constitute legal counsel.Please contact us directly for any specific legal assistance required.