About Trademark Registration

About Trademark

The trademark registration in Nigeria provided for by Trade Mark Act LFN 1990 is one important way to protect and distinguish someone's trade symbols in Nigeria. All individuals or entrepreneurs or companies should strive at all times to protect their business' identities by registering unique symbols or trademarks of the business. Registering a trademark in Nigeria is the only way to protect a unique brand in the market place.

A Trademark is a recognizable name or design, which is legally registered and used to identify and distinguish a product or entity from others.

Some of the trademarks that can be registered include name, slogan, domain name, shape, colour and logo. The trademark is usually registered through the Trademarks, Patents and Designs Registry, Commercial Law Department of the Federal Ministry of Industry, Trade and Investment in Nigeria.

Trademark registration in Nigeria gives the owner the right to use such registration to exclude others from violating or willfully copying or usage by a third party without consent. A registered owner of a trademark may institute an action in court to block any infringements or unauthorized use of their trademarks.

Once registered, it enables the trademark owner to amongst other things- take legal action against anyone who uses the registered mark without permission, sell and/or license the registered trademark (so in a sense it becomes an asset), and allows the owner to legally put the symbol next to the brand – to show ownership and warn others against using it.

Advantages of Registering a Trademark in Nigeria:

• Registration confers the exclusive right to the use of the trademark in Nigeria by the user vis a vis the goods or classes of goods so registered.
• The enforceability of property rights over a trademark is only dependent on the registration of such trademark in Nigeria.
• Trademarks are assets for generating financial profits and global competitiveness.
• Registration facilitates cross-border trade and business expansion by companies into the emerging markets such as Nigeria.

Who can process a registration?