Intellectual Property

Smit & Van Wyk Patent, Trademark & Registered Designs

Nigeria Trademarks

Nigeria trademarks are valid for 7 years from the filing date and are renewable every 14 years thereafter. Nigeria trademarks that have been registered are easier to enforce than their common law equivalent. Generally speaking, a trade mark is a name, signature, word, letter, numeral, shape, configuration, pattern, ornamentation, colour or container for goods or any combination thereof that is used to distinguish goods or services from those of competitors and others in the marketplace. 

Types of Trademarks:

  • Goods and services
  • Certification marks
  • Defensive marks
  • Series marks 

Trademark Duration / Renewals:

The duration for a Nigeria trademark is 7 years from filing date and renewable for further periods of 14 years.

Trademark Filing Requirements

  • Simply signed Power of Attorney (separate Power of Attorney is required for each application)
  • Details of the Applicant (full names, physical address, nationality / country of incorporation)
  • Representation of the trade mark(s)
  • List of goods and / or services
  • Certified copy of the priority document (if applicable)

Trademark Classes

Nice Classification

The most current edition of the Nice Classification of Goods and Services is followed. The Nice Classification, established by the Nice Agreement, is an international classification for the registration of marks. A new edition is published every 5 years and a new version of each edition is published annually.

International and Regional Systems

Paris Convention

Nigeria is a member of the Paris Convention where each contracting state must grant the same Intellectual Property protection to nationals of other contracting states, and provides for the right of priority in the case of patents, trade marks and designs. The Paris Convention is an international agreement which helps creators ensure that their intellectual property is protected in other countries. It applies to IP in the widest sense as it covers patents, trade marks and industrial designs to name a few.

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