In the dynamic business landscape of Nigeria, where there is intense competition which makes it difficult for businesses to survive, protecting your brand is crucial, and one of the most effective ways to do this is through trademarks.
This article explores the definition and significance of trademarks, as well as the registration process, offering a comprehensive guide to strengthening your brand’s presence and longevity in the Nigerian market.
What is Trademarks?
Trademark, or trademark, is defined as a sign capable of distinguishing the goods or services of one company from the goods or services of other companies (World Intellectual Property Office). In practical terms, trademarks are intricately linked to branding.
They often serve as the visual component alongside a brand’s name, distinguishing the company’s products and services from those of competitors. It not only sets products apart from competitors but also grants exclusive rights to brand owners, preventing others from using identical or similar marks. Failure to register a trademark can result in competitors using the same name or engaging in intellectual property theft.
Although branding originates from the marketing field, the concept of trademarks falls under intellectual property law. This legal framework offers protection against any unauthorized use or infringement of a trademark.The Trademark Act governs trademarks in Nigeria, and applications are submitted to the registrar of trademarks. It’s important to note that trademarks in Nigeria are classified into 45 classes, so registration should be done in the most relevant class.
Forms and Types of Trademarks
Three most commonly used types of a trademark are:
- Name (textual element)
- Logo (graphical element)
- Combined (text + logo)
Additional types of trademarks include shapes, sounds and other elements that can be used to distinguish the goods and services of a company.
Benefits of Trademark Registration
Other benefits to trademark registration include:
- National protection (you will have protection throughout Nigeria);
- Visibility (a registered trade mark is a deterrent to misuse by competitors);
- Creation of an asset (a trade mark is an asset that you can license or sell); and
- Reduced costs of future enforcement.
Classes of Trademarks
A registered trademark offers protection to a brand within specific categories of goods and services outlined in the application. This safeguarding is rooted in the core purpose of trademark registration, which aims to maintain a brand’s uniqueness and prevent consumer confusion. For instance, trademarks used in different sectors (e.g., a Fashion and a software company) are unlikely to cause confusion among consumers. Therefore, selecting particular goods and services is crucial in defining the extent of brand protection during the trademark registration process.
The number of required classes varies depending on the brand’s operational scope. Typically, trademark owners register 2-3 classes on average, but some diverse brands extend their trademarks to over 10 classes.
Choosing the appropriate classes of goods and/or services during the trademark registration process is a critical yet intricate and often perplexing task that can significantly impact your brand’s protection. As mentioned earlier, All goods and services are categorized into a system comprising 45 distinct classes, with classes 1-34 designated for goods and classes 35-45 for services.
Misclassification ranks among the most common errors individuals encounter when seeking trademark registration. Incorrect classification may result in inadequate protection within your industry. To help with the process, we have advised that a trademark lawyer be consulted to assist you in selecting the relevant trademark classes for your brand.
Trademark Registration Process
The trademark application process varies in duration, typically taking between 4 to 18 months and comprises several stages.
Stage 1: Availability Search:
Before submitting a formal application, it’s crucial to conduct an availability search to identify existing identical or similar marks. This step helps determine the registrability of the proposed mark.
Stage 2: Formal Application:
Upon confirming the availability of the mark, the formal trademark application is submitted along with the required payment. An Acknowledgement letter issued upon successful submission.
Stage 3: Formal Examination:
During this stage, the intellectual property office conducts a formal examination to evaluate the application’s compliance with guidelines and its distinctiveness. A letter of acceptance is issued upon completion of this examination.
Stage 4: Publication for Oppositions:
If no formal issues arise, or once resolved, the trademark is published for oppositions. This period typically lasts 2 to 3 months, during which existing trademark owners and potential competitors can raise objections based on similarity and potential consumer confusion.
Stage 5: Issuing Trademark Certificate:
Following the resolution of any oppositions, or if none were raised, the intellectual property office finalizes the registration process and issues a trademark certificate.
The newly registered trademark is valid from the filing date and typically remains in force for 7 years.
Key Consideration in Maintaining Your Trademarks
Once you have a registered trademark, you should ensure you actively use your trade mark in the course of business. You can actively use your trade mark in advertising material, on social media and generally in the course of trade. If you do not use your trade mark, it may be removed from the trade mark register for non-use.
The earliest that a competitor can apply for non-use of your trade mark is five years after the filing date of your registered trade mark. If a competitor were to apply for non-use of your trade mark, they would need to prove that you have not been using your trade mark for three years.
Other Considerations:
- Monitor and Enforce: Regularly monitor the market for unauthorized use of trademarks. Take legal action against infringers to protect your brand.
- Trademark Watch Services: Consider using trademark watch services to monitor new trademark applications that may conflict with your trademark.
- Renew Registration: The trademark in Nigeria is valid for a period of 7 years and can be renewed indefinitely for a subsequent period of 14 years. Ensure to renew your trademark on time to maintain protection.
- Record Keeping: Maintain proper records of your trademark registrations and renewals.
- Use Legal Assistance: Seek the help of legal professionals experienced in trademark law to navigate the registration process and protect your trademark effectively.
Key Takeaways
- Trademarks Protect Identity – They secure your brand’s name, logo, and unique identifiers from misuse, ensuring customers associate your products or services with authenticity and quality.
- Legal and Competitive Advantage – Registering a trademark strengthens your legal standing, deters infringement, and provides leverage in disputes, giving your brand a competitive edge.
- Long-Term Asset Value – Beyond protection, trademarks increase brand recognition and can appreciate in value, making them a powerful business asset for growth and expansion.
FAQs
1. Do I need to register my trademark to be protected?
Registering your trademark provides stronger, enforceable legal rights and nationwide recognition.
✦ Next Step: Secure your brand’s future by starting the trademark registration process today.
How Can CARDINAL COUNSEL Help Me?
At Cardinal Counsel, Nigeria’s leading fashion law firm, we provide practical legal solutions to fashion and creative businesses. We Have helped many businesses register their trade marks. We provide a free initial assessment and fixed prices for your certainty and peace of mind. For more information about trade marks or you need help protecting your intellectual property, contact CARDINAL COUNSEL on 09052628465.
WRITTEN BY
Sharon E. Ladipo-Scott Esq.,
Trainee Associate – Cardinal Counsel