For Nigerian businesses with global ambitions, one of the most common questions is: “Can I register my trade mark worldwide?”
The short answer is no – there is no single global trade mark registration that covers every country. Trade mark rights are territorial, meaning they only apply in the country or region where protection is granted. However, there are effective systems and strategies that make it easier for Nigerian brands to secure protection across multiple markets.

Why You Can’t Get a “Global Trade Mark”

Trade marks are governed by national and regional laws. If you register your trade mark in Nigeria, the rights only apply within Nigeria. A foreign company in another country could still use or register a similar mark unless you’ve secured protection there too.

This territorial rule exists because trade marks are tied to consumer markets – and each country regulates them differently.

What Are the Options for Nigerian Brands?

1. National Filings

You can apply directly to the trade mark office in each country where you want protection. For example, if you want to expand into Ghana or the U.K., you file applications separately in those countries. This route gives you flexibility but can be expensive and time-consuming if you’re targeting many markets.

2. Regional Registrations

Some regions offer a single registration that covers multiple countries:

• European Union Trade Mark (EUTM): One application covers all EU member states.
• African Regional Intellectual Property Organization (ARIPO): Covers several African countries (though Nigeria is not currently a member).
• Organisation Africaine de la Propriété Intellectuelle (OAPI): A single filing grants rights across 17 Francophone African countries.

If your business plans expansion in one of these regions, regional filing is a cost-effective route.

3. The Madrid System (WIPO)

The Madrid Protocol, administered by the World Intellectual Property Organization (WIPO), allows you to file a single “international application” and then designate the countries where you want protection.

Here’s how it works for Nigerian businesses:

• Nigeria is a member of the Madrid Protocol (joined in 2021).
• You must first have a Nigerian trade mark application or registration.
• You file an international application through the Nigerian Trade Marks Registry, which is then forwarded to WIPO.
• You choose the member countries where you want protection.
• Each chosen country examines your application under its own laws and can approve or refuse protection.

The Madrid System is not “worldwide,” but it greatly simplifies filing in multiple jurisdictions.

Key Considerations Before Filing Internationally

• Prioritize markets: Protect your trade mark in countries where you manufacture, sell, or plan to expand – especially where counterfeiting risks are high.
• Budget wisely: International protection can be costly; align your filings with your business growth strategy.
• Think long-term: Trade marks can last indefinitely if renewed, so they’re a powerful tool for building brand value globally.
• Use local counsel: Even with Madrid filings, each country applies its own legal rules. Local trade mark agents often help navigate objections or opposition.

FAQs

Q: If I have a Nigerian trade mark, am I automatically protected abroad?
A: No. Nigerian protection only applies within Nigeria. You must file in other countries to secure rights there.

Q: Is the Madrid System cheaper than filing country by country?
A: Often, yes – especially if you want protection in several countries. But in some cases, direct national filing may be more strategic.

Q: Can I stop counterfeits in countries where I haven’t registered?
A: It’s very difficult. Enforcement usually depends on having a registered trade mark in that country.

Q: Which countries should Nigerian brands prioritize?
A: Start with your key export markets (e.g., U.K., U.S., South Africa, EU) and countries where counterfeit risks are highest.

Next Steps – Protect Your Brand Beyond Nigeria

Expanding abroad is exciting, but it also exposes your brand to new risks. A proactive international trade mark strategy ensures you don’t lose control of your identity in foreign markets.

At Cardinal Counsel, we help Nigerian brands:

• Secure Nigerian trade mark registrations.
• File international applications through the Madrid System.
• Develop tailored global IP protection strategies.
• Handle enforcement when copycats or counterfeiters appear.

👉 Ready to expand your brand globally?
📧 Contact us at info@cardinalcounsel.co or fill out our website form to get started.