Trade Marks

International Arrangements:

Nigeria is a member of the Paris Union, but has not yet published a Convention Countries Order concerning Trade Marks. Accordingly, we have concerns regarding the enforceability of such claims. Nevertheless, in practice the Registry does accept applications claiming convention priority, and accordingly we will proceed on this basis. Please be aware that should action need to be taken which relies on the priority date, the validity of the claim may be open to challenge. TRIPS. 

Categories of Trade Marks:

There are provisions for the registration of SERVICE MARKS*, CERTIFICATION MARKS, DEFENSIVE MARKS and SERIES MARKS.

Classification:

The International Classification of goods and services applies.
A separate application is required for each class of goods or services.

Documents required:

A. New Applications

  • Power of Attorney, simply signed.
  • Ten prints, even for word marks in ordinary type.
  • Priority document (if applicable), with verified English translation 

B. Renewals

  • Power of Attorney, simply signed.
  • Ten prints, even for word marks in ordinary type.

C. Assignments/Mergers

  • Power of Attorney, simply signed.
  • Deed of Assignment or other instrument of title, with verified English translation.

D. Change of Name

  • Power of Attorney, simply signed.
  • Certificate of Change of Name, with verified English translation.

E. Change of Address

  • Power of Attorney, simply signed.

F. Licences/Registered Users

  • Powers of Attorney, simply signed, from proprietor and licensee.
  • Declaration and Statement of Case, with verified English translation.
  • Licence Agreement, with verified English translation.

*Provisions for SERVICE MARKS were introduced by Ministerial Decree in 2007 and the Registrar is now processing such applications. As yet, the Trade Marks Act has not been amended.

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