This article is about how to register a trademark in Nigeria currently in this year 2023. A trademark is a type of intellectual property that is used to set one company or person’s products or services apart from another. A trademark can be anything, from a logo to a word or phrase to a slogan to a specific colour. A trademark acts as a marker to show where a certain good or service is coming from. The Trademarks, Patents and Designs Registry, Commercial Law Department of the Ministry of Trade and Investment, Abuja, is where trademarks are registered in Nigeria. If you are interested in knowing about the cost of trademark registration in Nigeria, kindly see the article we have provided concerning that by clicking on the link.
GUIDE ON HOW TO REGISTER A TRADEMARK IN NIGERIA 2023
The following are the step by step processes on how to register a trademark in Nigeria this 2023:
PERFORM A SEARCH
It is necessary to perform a search before submitting an application for a trademark registration in Nigeria so as to make sure that the proposed mark does not conflict with any already registered marks and is even eligible for registration. You can search the Nigerian Trademarks Registry archives for this. A trademark search cannot yet be performed online in Nigeria; instead, it must be performed personally at the Trademark Registry in Abuja.
SUBMIT AN APPLICATION
An application can be submitted to the Trademarks Registry once the search has been completed and the proposed trademark is deemed eligible for registration. Name, address, nationality, a clear representation of the trademark, and the products or services for which the trademark will be used should all be included in the application.
The Trademarks Registry will review the application when it is filed to make sure it conforms with all applicable rules and regulations. The Registry has the right to object or demand more details if there are any problems.
The application will be published in the Trademarks Journal once it has been approved. If interested parties think the trademark infringes on their already-registered marks, they may use this procedure to dispute the registration.
ISSUANCE OF CERTIFICATE
The Trademarks Registry will issue a certificate of registration if there are no oppositions or if any are resolved in the applicant’s favor. Only until at least two months have passed since the trademark’s publication will the registration certificate be applied for.
CLASSES OF TRADEMARKS IN NIGERIA
A global system for classifying goods and services for the purposes of trademark registration is known as the NICE classification. It was created in 1957 as a result of the Nice Agreement. There are 45 classes in the NICE categorization, with classes 1 through 34 covering commodities and classes 35 through 45 covering services. Trademarks are registered for particular classes based on the products or services they will be used for. Each class denotes a particular category of goods or services.
Nigeria is one of many countries using the NICE categorization system to categorize and register trademarks for particular goods and services. It offers a uniform framework for trademark registration on a global scale and aids in ensuring uniformity and transparency throughout the registration procedure.
The following are the 45 Classes for Trademarks under the NICE Classification system in Nigeria this 2023:
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry; unprocessed plastics in the form of liquids, chips or granules.
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels and illuminants; candles and wicks for lighting; combustible fuels, electricity and scented candles.
Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for humans and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores; unwrought and partly wrought common metals; metallic windows and doors; metallic framed conservatories.
Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs; automatic vending machines.
Hand tools and hand operated implements; cutlery; side arms; razors; electric razors and hair cutters.
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus.
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials; sex aids; massage apparatus; supportive bandages; furniture adapted for medical use.
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes; air conditioning apparatus; electric kettles; gas and electric cookers; vehicle lights and vehicle air conditioning units.
Vehicles; apparatus for locomotion by land, air or water; wheelchairs; motors and engines for land vehicles; vehicle body parts and transmissions.
Firearms; ammunition and projectiles, explosives; fireworks.
Precious metals and their alloys; jewellery, costume jewellery, precious stones; horological and chronometric instruments, clocks and watches.
Musical instruments; stands and cases adapted for musical instruments.
Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers’ type; printing blocks.
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials; plastics in extruded form for use in manufacture; semi-finished plastics materials for use in further manufacture; stopping and insulating materials; flexible non-metallic pipes.
Leather and imitations of leather; animal skins, hides; trunks and travelling bags; handbags, rucksacks, purses; umbrellas, parasols and walking sticks; whips, harness and saddlery; clothing for animals.
Non-metallic building materials; non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; non-metallic monuments; non-metallic framed conservatories, doors and windows.
Furniture, mirrors, picture frames; articles made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum or plastic which are not included in other classes; garden furniture; pillows and cushions.
Household or kitchen utensils and containers; combs and sponges; brushes; brush-making materials; articles for cleaning purposes; steel wool; articles made of ceramics, glass, porcelain or earthenware which are not included in other classes; electric and non-electric toothbrushes.
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks for transporting bulk materials; padding and stuffing materials which are not made of rubber or plastics; raw fibrous textile materials.
Yarns and threads, for textile use.
Textiles and textile goods; bed and table covers; travellers’ rugs, textiles for making articles of clothing; duvets; covers for pillows, cushions or duvets.
Clothing, footwear, headgear.
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile); wallpaper.
Games and playthings; playing cards; gymnastic and sporting articles; decorations for Christmas trees; childrens’ toy bicycles.
Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; prepared meals; soups and potato crisps.
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice; sandwiches; prepared meals; pizzas, pies and pasta dishes.
Agricultural, horticultural and forestry products; live animals; fresh fruits and vegetables, seeds, natural plants and flowers; foodstuffs for animals; malt; food and beverages for animals.
Beers; mineral and aerated waters; non-alcoholic drinks; fruit drinks and fruit juices; syrups for making beverages; shandy, de-alcoholised drinks, non-alcoholic beers and wines.
Alcoholic wines; spirits and liqueurs; alcopops; alcoholic cocktails.
Tobacco; smokers’ articles; matches; lighters for smokers.
Advertising; business management; business administration; office functions; electronic data storage; organisation, operation and supervision of loyalty and incentive schemes; advertising services provided via the Internet; production of television and radio advertisements; accountancy; auctioneering; trade fairs; opinion polling; data processing; provision of business information; retail services connected with the sale of goods.
Insurance; financial services; real estate agency services; building society services; banking; stockbroking; financial services provided via the Internet; issuing of tokens of value in relation to bonus and loyalty schemes; provision of financial information.
Building construction; repair; installation services; installation, maintenance and repair of computer hardware; painting and decorating; cleaning services.
Telecommunications services; chat room services; portal services; e-mail services; providing user access to the Internet; radio and television broadcasting.
Transport; packaging and storage of goods; travel arrangement; distribution of electricity; travel information; provision of car parking facilities.
Treatment of materials; development, duplicating and printing of photographs; generation of electricity.
Education; providing of training; entertainment; sporting and cultural activities.
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; computer programming; installation, maintenance and repair of computer software; computer consultancy services; design, drawing and commissioned writing for the compilation of websites; creating, maintaining and hosting the websites of others; design services.
Services for providing food and drink; temporary accommodation; restaurant, bar and catering services; provision of holiday accommodation; booking and reservation services for restaurants and holiday accommodation; retirement home services; creche services.
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services; dentistry services; medical analysis for the diagnosis and treatment of persons; pharmacy advice; garden design services.
Legal services; conveyancing services; security services for the protection of property and individuals; social work services; consultancy services relating to health and safety; consultancy services relating to personal appearance; provision of personal tarot readings; dating services; funeral services and undertaking services; fire-fighting services; detective agency services.
In Nigeria today, the process for registering a trademark typically takes between 12 and 24 months, depending on a number of factors like the number of oppositions and objections filed. To make sure the application is filed properly, it is advised to consult a legal expert knowledgeable in Nigerian trademark law.