If you are a Nigerian fashion entrepreneur, furniture maker, product designer, or tech founder, protecting your design is one of the smartest legal steps you can take. But a question we often hear at Cardinal Counsel is:
“How do I know if my design already exists?”
It’s a fair concern. Filing for a registered design when a similar one already exists could lead to wasted time, wasted money, or even a costly infringement dispute later on. Let’s break this down in the Nigerian context.
What is a Registered Design in Nigeria?
Under the Patents and Designs Act (Cap P2 LFN 2004), a registered design protects the aesthetic or visual features of a product—its shape, configuration, form, or pattern—that appeal to the eye.
For a design to be registered in Nigeria, it must:
- Be new (novel) – It should not have been disclosed to the public anywhere in the world before the application date.
- Have individual character – It should give a different overall impression compared to existing designs.
A registered design does not protect how a product works (that falls under patents) but rather how it looks.
Does NOTAP or the Trademarks, Patents & Designs Registry Check Novelty?
Here is where it gets interesting.
When you file a design application at the Trademarks, Patents and Designs Registry (under the Federal Ministry of Trade and Investment) in Nigeria, the Registry does not conduct a substantive examination to check whether your design is actually new.
Instead, the Registry mainly checks for formal compliance (are the drawings/photos clear, are the forms properly completed, has the filing fee been paid). If everything looks fine on the surface, your design can be registered—even if it turns out later that a similar design already exists.
This means you could be holding a “registered” design right that is not enforceable in court if challenged.
How to Check if Your Design Already Exists in Nigeria
Because the Nigerian Registry does not run novelty checks, the responsibility falls on you (or your lawyer) to do your homework. Here are practical steps:
- Search the Nigerian Designs Register
- The official Designs Register in Nigeria is not fully digitized. However, a physical search can be conducted at the Registry in Abuja. This can reveal whether there are existing designs filed under the same classification.
- Leverage International Databases
- Tools like WIPO’s Global Design Database and the EUIPO DesignView can be helpful since Nigerian filings may not be easily accessible online. Searching internationally gives you an idea of what already exists elsewhere (remember: disclosure anywhere in the world can affect novelty in Nigeria).
- Simple Online Research
- A Google search, checking Pinterest, Instagram, and industry blogs is surprisingly effective. Many designs are disclosed online before being registered. If your product looks almost identical to something that’s already trending, your design application might later be invalidated.
- Commission a Prior Art Search
- For high-value designs, invest in a professional prior art search. At Cardinal Counsel, we assist clients in running comprehensive searches through both local and international databases to assess novelty before filing.
- Consult an IP Lawyer
- Engaging an intellectual property lawyer ensures you are not wasting money registering an unenforceable right. Beyond novelty checks, we advise on the best protection strategy—sometimes a design registration is ideal, but in other cases, a trademark or copyright may provide stronger, broader protection.
Why These Steps Matter
Skipping due diligence before filing a design application can have serious consequences. Taking the time to check if your design already exists helps you:
- Avoid invalid registrations that cannot be enforced.
- Prevent infringement disputes with existing rights holders.
- Save money by filing only strong, novel designs.
- Increase investor confidence in your brand’s intellectual property portfolio.
FAQs for Nigeria
Q: What qualifies as a design in Nigeria?
A: Any combination of lines, colours, shapes, or features that give a product its appearance and are intended to appeal to the eye.
Q: How long does design protection last?
A: A registered design in Nigeria lasts for 5 years initially and is renewable for two further periods of 5 years each (maximum 15 years).
Q: Can I enforce a design if it later turns out not to be new?
A: No. Even if registered, if a third party challenges your design on grounds of lack of novelty, the courts can invalidate it.
Q: Can I protect my design internationally?
A: Nigeria is not part of the Hague Agreement for international design registration, but we can file in other jurisdictions separately through local representatives.
How Cardinal Counsel Can Help
At Cardinal Counsel, we work with Nigerian creatives, entrepreneurs, and businesses to secure strong and enforceable design protection. Our services include:
- Conducting design clearance and prior art searches.
- Advising on whether design registration, copyright, or trademark best protects your product.
- Preparing and filing design applications at the Registry in Abuja.
- Managing renewals and enforcement actions.
If you would like to file a design application in Nigeria or need help determining whether your design is truly novel, we are here to help.
📧 Email us at info@cardinalcounsel.co or complete our website contact form.