Introduction
A trademark is a legal tool that protects your brand identity and distinguishes it from others. It covers names, logos, slogans, and other distinctive signs that identify your goods or services in the market.
In Nigeria, trademark registration is governed by the Trademarks Act and administered by the Trademarks Registry, which falls under the Federal Ministry of Industry, Trade, and Investment. Registration gives the owner exclusive rights to use the mark in connection with specific goods or services and the legal standing to enforce those rights.
This guide is written for founders, business owners, startups, foreign companies, and brand managers who want a clear explanation of how trademark registration in Nigeria works. It explains the process, cost, timeline, requirements, and what rights you get after filing.
What Can Be Registered as a Trademark in Nigeria
The Nigerian trademark system protects marks that are distinctive and capable of distinguishing one trader’s goods or services from another.
Common registrable trademarks include:
Words and names
Brand names, product names, and company names used as brands.
Logos and device marks
Symbols, stylized text, icons, and graphic designs.
Combination marks
A combination of words and logos filed as a single mark.
Brief note on classes
Trademarks are registered in classes based on the type of goods or services. Nigeria follows the Nice Classification system with 45 classes. Protection is limited to the class or classes filed, which is why class selection is important.
Who Can Register a Trademark in Nigeria
Trademark protection in Nigeria is not limited to Nigerian citizens.
Nigerian individuals and companies
Any individual or business entity can apply, whether incorporated or not.
Foreign individuals and companies
Foreign applicants are allowed to register trademarks in Nigeria.
Requirement to use a local agent
Foreign applicants must file through a Nigerian-accredited trademark agent. Direct filing by foreign applicants is not permitted.
Step-by-Step Process for Trademark Registration in Nigeria
Step 1: Availability Search
A trademark search is conducted at the Trademarks Registry to confirm that the proposed mark is not identical or confusingly similar to an existing registered or pending mark in the same class.
This step is not legally mandatory but is strongly recommended to avoid refusal or opposition later.
Step 2: Filing the Application
Once the mark is cleared, the application is filed at the Trademarks Registry. The filing includes the applicant’s details, the trademark representation, and the class of goods or services.
Step 3: Acknowledgement and Acceptance
After filing, an acknowledgement letter is issued. The Registry then examines the application for compliance with formal and substantive requirements. If accepted, the mark proceeds to publication.
Step 4: Publication
The accepted trademark is published in the Nigerian Trademark Journal. Publication gives the public notice of the application.
Step 5: Opposition Period
After publication, there is a statutory opposition window during which third parties may challenge the registration. If no opposition is filed, or if any opposition is resolved in favor of the applicant, the process continues.
Step 6: Registration and Certificate
If the application passes the opposition stage, the Registry issues a certificate of registration. The trademark is then fully registered.
Documents Required for Trademark Registration in Nigeria
The documentation requirements are straightforward.
Applicant details
Full name and address of the individual or company.
Representation of the mark
A clear image of the logo or the word mark to be registered.
Power of Attorney
An authorization appointing a Nigerian trademark agent. This document does not need to be notarized or legalized.
Class specification
A description of the goods or services covered by the trademark.
Scanned copies are accepted. Original documents are not required.
Trademark Registration Cost in Nigeria
Trademark costs in Nigeria are generally made up of two components.
Official fees
These are statutory fees payable to the Trademarks Registry.
Professional fees
These cover the services of the trademark agent handling the filing, follow-up, publication, and registration.
Costs typically vary with different agents.
How Long Trademark Registration Takes in Nigeria
Trademark registration in Nigeria is not instantaneous, and timelines vary in practice.
Filing to acknowledgement
Acknowledgement is usually issued shortly after filing.
Publication timeline
Publication depends on the Registry’s journal schedule and backlog.
Registration timeline
From filing to issuance of the certificate, registration commonly takes several months and may extend longer depending on administrative delays or opposition.
In practice, timelines are influenced by Registry workload rather than applicant action.
What Rights You Get After Filing
Use of the TM symbol
Applicants may begin using the TM symbol once an application is filed to signal a claim of trademark rights.
Enforcement position
Filing provides a basis to challenge infringing use, although full statutory rights are strongest after registration.
What registration does and does not protect
Trademark registration protects the mark only in the registered class or classes. It does not grant blanket protection over all goods or services, nor does it automatically protect business names registered with the Corporate Affairs Commission.
Common Mistakes Applicants Make
Filing without a search
Skipping a search increases the risk of refusal or opposition.
Wrong class selection
Choosing the wrong class can leave core business activities unprotected.
Assuming CAC registration equals trademark protection
Company or business name registration does not create trademark rights.
Delaying enforcement
Failure to act against infringers early can weaken a brand’s position.
Frequently Asked Questions
Is my trademark protected after filing?
Filing establishes a claim to the mark, but full statutory protection is confirmed after registration.
Can I register for multiple classes?
Yes. Each class requires a separate filing and attracts separate fees.
What happens if there is an opposition?
The application enters opposition proceedings where both parties present arguments. The Registry decides the outcome.
Can I register both a name and a logo?
Yes. They may be filed separately or together, depending on the protection strategy.
How long does trademark protection last?
Registered trademarks in Nigeria are valid for seven years initially and are renewable thereafter.
Next Steps and Professional Assistance
Trademark registration is a legal process that protects long-term brand value. While the steps are structured, errors in filing, class selection, or enforcement strategy can be costly.
Working with an experienced trademark agent helps ensure that filings are accurate, defensible, and aligned with your commercial goals.
Prepared by Hectagon and Shields Solicitors
