HOW TO REGISTER TRADEMARK AND PATENT RIGHT IN NIGERIA

HOW LEGAL FIRMS IN NIGERIA CAN ASSIST CLIENTS AMID & POST COVID 19
June 9, 2021

HOW TO REGISTER TRADEMARK AND PATENT RIGHT IN NIGERIA

Companies or Individuals must consult major business lawyers in Nigeria who are experienced and accredited Trademark Agents with Federal Ministry of Trade & Investment in Nigeria for registration of Trademark, patent right and copyright. The business owners or individuals must instruct knowledgeable corporate lawyer vast in all matters relating to registration of trademarks, patent right and copyright to guarantee professional legal advice and protection of their peculiar rights.

Basically, Trademark registration is done usually at the Trademark, Copyright, Patent registry at the Business Section of Federal Ministry of Trade Nigeria after the applicant must have complied with all the requirements of  particular category of registration.

TRADEMARK REGISTRATION REQUIREMENTS:

  1. In Nigeria accredited agent will file or present the application on behalf of the applicant, however, the Attorney must be acting in representative capacity with clear authorization from the applicant instructing the Solicitor to act.
  2. All applications must state the full name, nationality and physical address of the Applicant.
  3. Trademark application must follow specified size or description of the Federal Ministry of Trade and will usually be attached to the application with one clear negative print and  copies of the trademark including plain typewritten, letters, figures and lines.
  4. The full details of the goods covered or proposed to be covered by the trademark must be listed.
  5. The Classification of the trademark must also be specified in the application.
  6. Note,  each classification of goods must be separately registered.
  7. The trademark business section will thoroughly check whether the applicant complied with all the requirement as prescribed by trademark acts in Nigeria and International Convention of trademark.
  8.  The Registrar of trademark will thereafter issued what we call Acknowledgment which is like a temporary registration if there is no query and this will show the file number and date of filing of the application.
  9. The Registrar trademark shall verify and determine whether the application passes through another test of registration i.e to ascertain if it conflicts with pending or prior registered marks. If the application scales this test, the Registrar issues a letter or what we call Notice of Acceptance.
  10.  The registrar will later publish the trademark for any objection in trademark journal,  and wait for 2 months whether there would be objection to the trademark.
  11.  If the 2 months of advertisement in the journal of trademark expired without objection, the trademark would be accordingly registered according to law and a certificate would be issued to the applicant showing the date of the initial date of acknowledgment.
  12. Prescribed fees of the application must be paid.


     

PATENT REGISTRATION REQUIREMENT:

This is another type of intellectual property right for individuals and corporate bodies. The application is also routed through the Federal Ministry of Trade and the following are the simple ways to register a patent right.

  1. A formal Patent right application.
  2. The Applicant’s full name and address and if the Applicant’s address is located outside Nigeria, an address for service in Nigeria.
  3. The applicant must provide a specification, including a claim or claims in duplicate.
  4. The  Petition must be signed before patent presentation and the attorney must be authorized by the applicant to represent.
  5. It is compulsory all the plans and drawings are put in duplicate for presentation.
  6. It is also mandatory that the applicant declare, and signed as an inventor requesting that he be so ‘mentioned in the patent and furnishing his name and address.
  7. Prescribed fees must be paid.
  8. An acknowledgement of filing of the application in the prescribed manner, the Registrar will issue a filing evidence or receipt to the Applicant.
  9. The Registrar is duty bound to verify the Patent as to its compliance with the provisions of the Patents & Designs Act and in particular, that it is registrable in law.
  10. Having satisfied the requirement of law by the Registrar , after check that the patent conforms to the prescribed requirements, the Patent is registered by issuing an Acceptance Notice.
  11. The approval will be ready between 4 months and 7 months for the Letters Patent and Certificate to be approved.

We are ready to assist as the top and best commercial lawyers in Lagos, Nigeria on the above and ready to give best legal advice on smooth and timely registration of trademark and patent right in Nigeria.

BAM & GAD SOLICITORS
Top Corporate & Commercial Legal Practitioners in Nigeria