Nigeria is one of Africa's largest and fastest-growing economies, making it an important jurisdiction to secure trademark protection. Below is a practical overview of the Nigerian trademark system, including registrability requirements, the filing process, timelines, renewals and enforcement.
Nigeria operates a first-to-file trademark system. Rights arise from registration rather than use, which means early filing is recommended. The legal framework is primarily governed by the Trademarks Act (1990) and the Trademark Regulations (1967), administered by the Trademarks, Patents and Designs Registry in Abuja.
Nigeria is not yet a member of the Madrid Protocol, so all applications must be filed nationally.
A mark is registrable in Nigeria if it is capable of distinguishing the applicant's goods or services from those of others. Acceptable marks include:
Marks that are descriptive, generic or contrary to public policy may be refused.
Foreign words must be supported by translations, and marks containing non Latin characters must include transliterations. Descriptive or non distinctive elements may require disclaimers.
Nigeria does not provide a free public database for trademark searches. A formal Registry search can be requested and typically takes about three days.
To file a Nigerian trademark application, we require:
Nigeria follows a single-class filing system, which means a separate application is required for each class in which protection is sought.
| Step | Description | Timeline |
|---|---|---|
| Filing | The application is submitted to the Registry with the required documents and fees. An official filing number and date are issued. | Issued immediately upon filing. |
| Examination | The Registry examines the application on both absolute and relative grounds. If objections arise, an office action is issued. | Within 1-3 months of filing. |
| Acceptance | Typically within 3 months of filing. | |
| Publication | Once accepted, the mark is published in the Trademarks Journal for a two-month opposition period. Journals are published sporadically throughout the year. Any third party may oppose the application on statutory grounds. | Typically within 12-15 months of filing. |
| Registration | If no opposition is filed or any opposition is successfully overcome, the application proceeds to registration and a paper certificate is issued. | Typically within 18-24 months, although delays at the Registry can extend this period. |
A Nigerian trademark must be renewed on the 7th anniversary of the trademark filing date and every 14 years thereafter.
Renewals may be paid during the 6 month grace period on payment of a penalty.
While proof of use is not required for filing or renewal, a registered trademark may be vulnerable to cancellation for non-use if not used for a continuous period of five years.
| Official fee (NGN) | Total fee (USD) | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Conducting a trademark registrability search | 3,500 | 100 | |||||||||
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Filing
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Filing
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Filing
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| Reporting acceptance, arranging publication and reporting and sending electronic certificate of registration | N/A | N/A | |||||||||
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Renewal (per trademark/class)
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Filing
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Filing
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