What is a Trademark?
Trademark Registration – Frequently Asked Questions
What is a Trademark?
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. 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.
What is a Trademark Class?
Nigeria is a party to the Nice Agreement and under this agreement, trademarks are classified under 45 classes. Your trademark will therefore be protected under the class which is most relevant to your business/service. You can also be protected under multiple classes (however registration under multiple classes would incur separate costs).
What is the registration process?
After the application is made, the applicant is provided with an acknowledgment immediately. Once the application is successful, the Trademark Registry will issue an Acceptance Letter. The Acceptance Letter is evidence of acceptance and registration and this is accepted by other organisations who request it to process other registration e.g. NAFDAC.
However there is a period during which members of the public can object to a registration. This is when the Trademark is published in the Trademark Journal, if a published Trademark is not objected to within the specified time frame, the applicant will be able to apply for a Certificate. The grant of the Certificate is the final stage of the process.
How long does the process take?
- Acknowledgment letter – 24 hours from submission
- Acceptance Letter: 4-6 weeks from submission
- Publication in Trademark Journal: 32 weeks from Acceptance Letter stage
- Grant of Certificate: 12 weeks from publication
Is the process the same for an International Trademark?
Continue reading Trademark FAQ
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