A Trademark is a word, group of words, symbol, or sign that is usually associated with an individual, product, or firm, and this word, group of words, symbol, or sign distinguishes the products or services of the individual or firm from those of others.
Why Register Trademarks?
Once a trademark is registered, it becomes a legal property of the owner.
The implication of this is that it becomes a property that can be stolen. This enables the owner to institute an action against anyone who infringes on it. It also enables the owner to assign or transmit the mark.
What can be Registered as Trademark?
In Nigeria, names, signature, numbers, logo, label or a combination of these can be registered.
To be eligible for registration, it must consist of the name of an individual or firm in a special manner, an invented word or words or any distinctive mark.
Where the object does not have any distinctive mark, such registration will fail.
In what Colour should Registration be?
Trademarks can be registered in coloured or black and white format. Where the registration is in a particular colour or fusion of colours.
How Long does Registration Last?
When a trademark is registered, you have exclusive right to the use, assignment, transition or sale of it for seven years. This right is renewable for another fourteen years, making a total of twenty-one years. The application for renewal must be made before the expiration of the initial seven years.
Requirement for Trademark Registration
To register a trademark in Nigeria, the following are required:
(a) Applicant’s full details,
(b) Trademark details,
(c) Goods proposed to be covered by trademark,
(d) Power of Attorney authorizing the agent.
Where to Register Trademark
Trademark registration is not done at the Corporate Affairs Commission as many people think. It is done at the Trademark, Patent and Designs Registry of the Department of Commercial Law, Ministry of Industries, Trade and Investment
Who can Process Registration?
Registration can only be processed by accredited agents. Those agents are however required to get authorization letter/Power of Attorney from the proposed trademark owner in order to enable them process registration.
You may have to procure the service of a lawyer for your trademark registration.
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