Intellectual Property Insights for Nigerian Brands

For Nigerian food and drink entrepreneurs, packaging is more than just a container – it’s your first handshake with the consumer. On crowded shelves in supermarkets, malls, and open markets, shoppers make decisions in seconds. Distinctive packaging can be the difference between being noticed and being overlooked.

With the rise of imitation culture – where look-alike products try to pass off on the goodwill of established brands – protecting your packaging is no longer optional. Copycat products can mislead consumers, dilute your reputation, and even expose you to safety concerns if consumers associate substandard goods with your brand.

This is why safeguarding your packaging with the right intellectual property (IP) tools is critical for Nigerian businesses aiming to scale and compete both locally and internationally.

Can I Register Packaging Designs in Nigeria?

Yes – while you cannot register the food or drink itself, you can protect your packaging.

In Nigeria, registered designs cover the visual appearance of products, including shapes, patterns, colours, and ornamentation. This means you can protect:

• Unique bottle shapes (e.g. for water, juice, beer, or energy drinks).
• Distinctive wrappers and labels (e.g. for confectionery, snacks, or bread).
• Eye-catching carton or pack designs (e.g. for milk, noodles, or beverages).

To qualify for registration, your design must be:

• New – not already disclosed to the public.
• Distinctive – giving a different overall impression from existing designs.
• Not purely functional – design elements serving only a technical purpose cannot be protected.

A registered design gives you the right to stop others from copying or using packaging that creates the same overall impression. It’s cost-effective and especially useful in Nigeria’s fast-moving consumer goods (FMCG) sector, where visual appeal drives sales.

Can I Register Trade Marks for My Food or Drink Products?

Yes. Trade marks are one of the strongest forms of IP protection available to Nigerian brands.

A trade mark protects brand identifiers, including:

• Logos (e.g. the stylized mark on your drink bottle).
• Brand names (e.g. your product line).
• Taglines and slogans.
• In some cases, even distinctive packaging shapes or colours.

To be registrable, your mark must be:

• Distinctive – capable of identifying your product as yours.
• Non-conflicting – not identical or confusingly similar to an existing registered trade mark.

Unlike designs, trade marks can last indefinitely – they are renewed every 7 years initially, and thereafter every 14 years in Nigeria. This makes them an essential tool for long-term brand growth.

Why Nigerian Brands Should Act Now

Too often, Nigerian food and drink entrepreneurs wait until their products are copied before taking steps to secure their IP. By then, enforcement becomes costly and complicated.

Successful brands – from beverage companies to snack manufacturers – treat IP as an investment. Protecting your packaging early helps you:

• Differentiate your products in a crowded market.
• Build consumer trust and loyalty.
• Stop imitators from riding on your reputation.
• Expand internationally with a stronger legal foundation.

FAQs

Q: Can I protect the recipe of my food or drink?
A: Recipes are usually protected as trade secrets, not through registration. What you can register are the visual and brand elements like packaging and trade marks.

Q: What if my packaging gets copied before I register?
A: You may still have rights under passing-off laws, but proving them is harder. Registration provides stronger, clearer protection.

Q: Is IP protection expensive for small brands?
A: Not necessarily. Design and trade mark registration in Nigeria are relatively affordable compared to the cost of litigation or lost market share from imitation.

Q: Do I need to register both designs and trade marks?
A: Ideally, yes. Designs protect how your packaging looks, while trade marks protect what it stands for. Both work together for stronger protection.

Call to Action

Your packaging is one of your most valuable business assets – don’t leave it unprotected.

Ready to safeguard your food or drink packaging?

• Contact Cardinal Counsel today at info@cardinalcounsel.co.
• Or fill out our quick form on www.cardinalcounsel.co.

We help Nigerian brands register, enforce, and defend their intellectual property so you can focus on growing your business.