Register an intellectual property

REGISTER A TRADEMARK
A trademark is a symbol or a sign which differentiates the goods and services of one business from another one. You can register your trademark - a name, logo, slogan, domain name, shape, colour or sound with the Commercial Law department, Ministry of Trade and Investment in Nigeria.
This can legally protect your trademark from use by a competitor. The trademark must be distinctive for the goods and services that you provide, not be deceptive, illegal or immoral and not be similar to existing trademarks.

REQUIREMENTS

  • Your full name(s), nationality and physical address
  • The trademark information: The representation must be clear and distinct. If to be filed online, soft copies are to be provided in jpeg format at a minimum of 1200 dpi.
  • For goods, a full range of goods covered or proposed to be covered by the trade mark.
  • A Power of Attorney simply signed, with full particulars of name(s), address (es) and nationality of the applicant(s). Full name(s) and capacity of the signatory when applicant is a firm/company.

COST
The total cost, including the professional fee for registering a trademark is N122,000.

PROCEDURE

  • The usual market practice is to instruct a local Attorney/Agent in Nigeria, who would file and process applications at the Nigerian Registry of Trade Marks, Patents, Designs and Copyright. A Power of Attorney/Authorization of Agent Form would be completed in favor of such local Agent, as the enabling instrument to act for the principal/ Applicant.
  • After filing the application for trade mark registration, the Registrar issues an official acknowledgement reflecting the official number and filing date of the application.
  • A search is conducted so as to confirm if it is different from existing or pending registration. If the Registrar finds the trademark acceptable for registration, the applicant will be furnished with a letter/notice of acceptance.
  • Every trade mark application must be advertised in the Nigerian Trademark Journal, and is open to opposition for a period of two (2) months from the date of advertisement. 
  • If no objections are received within the specified period or no objections are sustained, the Registrar will issue the applicant with a certificate of registration. 
  • When issued, the Registration Certificate will have the date of initial filing of registration.
  • Nigerian trade mark registrations have an initial validity of seven (7) years, and are thereafter indefinitely renewable for periods of fourteen (14) years. An application for renewal should be made not less than three (3) months from the due date.

NOTE
You can register your trademark either plainly (black and white) or in color. However, if a trademark is colored, the protection afforded is limited to that color only. If it is plain, registration affords protection to all colors of presentation of the trademark.


REGISTER A PATENT
Befor you decide to register a patent, you need to know what a patent is. A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

A patent grants the inventor a temporary but exclusive monopoly of the commercial exploitation of that invention. It gives the inventor the right to exclude others from making, using, or selling the claimed invention in that country without their consent, for the duration of the patent.

WHY REGISTER A PATENT?
Themain reason to register a patent is to ensure that the inventor is able to exclusively commercially exploit an invention, it must be patented. The rights to a patent are vested in the “Statutory Inventor” i.e. the first person to file and register the patent.

WHAT IS ELIGIBLE FOR PATENT REGISTRATION?
Patents are granted for the invention of products or processes. However, for it to be patentable, the invention

  • Must be new,
  • Must have an inventive step that is not obvious to someone with knowledge and experience in the subject,
  • Must be capable of being made or used in some kind of industry and not be, a scientific or mathematical discovery, theory or method, a literary, dramatic, musical or artistic work, a way of performing a mental act, playing a game or doing business, the presentation of information, or some computer programs, an animal or plant variety, a method of medical treatment or diagnosis,
  • And must not be against public policy or morality.

COST
The total cost, including the professional fee for registering a patent is N122,000.

PROCEDURE
To make a patent application in Nigeria, the first step is to ensure the invention has not already been patented, by conducting a search. If the result of the search is positive, then the application is made:

  • A petition or request for a patent signed by the applicant or his agent and containing the applicant’s full name and address;
  • A specification, including a claim or claims in duplicate; plans and drawings, if any, in duplicate;
  • Where appropriate, a declaration signed by the true inventor requesting that he be mentioned as such in the patent and giving his name and address;
  • A signed power of attorney or authorization of agent if the application is made by an agent;
  • An address for service in Nigeria if the applicant’s address is outside Nigeria; and payment of the prescribed fee.

Once granted, a patent is valid for 20 years.

WHO CAN REGISTER A PATENT?
Under Nigerian law, only accredited individuals/companies can register patents on behalf of inventors. So if you are interested in registering your patent, you will need to hire the services of accredited agents for this process.

In Nigeria, the primary legislation that governs the grant of patents is the Patents and Designs Act. The Government agency that manages the grant of patents is the Trademarks, Patents And Designs Registry, Commercial Law Department, Federal Ministry Of Industry, Trade And Investment. Applications are made to the Registrar of Patents and Copyrights.


NEXT STEPS


  • To commence the process, please fill the appropriate online form HERE and submit, then pay into our bank account (2033922551 Babel Consult, First Bank). 
  • We will revert to you with acknowledgement of your payment and immediately commence the service. You can also contact us after making the payment. Click here to see our contact details.

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