Trademark
Services / Business Protection
We know that the importance of brand protection becomes crucial in today’s era of business and social media. This is because, in addition to the physical market where the business is operated, the internet has no boundaries or limits to protection of the brand name. We help business owners to protect their names.
Company will have complete protection and will be transformed into a valuable asset if the brand is registered under the Trade Marks Act because it will confer an exclusive right to the use of the trade mark. This can only be achieved if the company engages a legal practitioner in the field of intellectual property.
Here are other things you need to know about trademark
A trademark typically includes words, symbols, designs, phrases, or their combinations, used to uniquely identify and distinguish one person’s goods or services from another’s. This is an essential aspect of brand identity in the marketplace.
In Nigeria, trademarks are categorized into 45 classes, with the initial 34 designated for goods and the remaining 11 for services. Your trademark receives protection within the class that best aligns with your specific goods or services.
Yes, you can protect your goods or services under more than one class: this an extra fee.
Once a search confirms the availability of the chosen name and the application is submitted, the applicant promptly receives an acknowledgment. Following the application, the Trademark Registry issues an Acceptance Letter. Subsequently, a journal is published by the registry, providing a 3-month opposition period during which the public can raise objections to any applications that may be similar or closely related to their own. If there are no oppositions within the specified timeframe, the application for a certificate can proceed.
Your might have CAC certificate but that doesn’t mean your name will be available on Trademark. Someone else might trademark it before you. We advice our client to do trademark it as soon as possible.
The name of trademark class or classes, logo (if any), details of the applicant
The cost of trademark is #65,000.00
Terms that are descriptive in nature, resembling or closely associated with another registered trademark, or a geographical name.
Upon initial registration, a trademark holds validity for seven years. However, it necessitates renewal every 14 years thereafter, as stipulated by the Act. There exists no restriction on the frequency of trademark renewals.
Consider the following points before registering a trademark:
The trademark should not incorporate or represent a geographical location (geographical indication), such as Nigeria, Lagos, Havana, Accra.
Ensure that the trademark is not directly or confusingly similar to existing registered trademarks, which can be determined through a thorough search revealing any similarities.
The trademark must possess distinctiveness, avoiding any resemblance to the trade or services it represents. For instance, a generic term like “Shoes” in class 25 lacks distinctiveness and cannot be registered.
Avoid descriptiveness in the trademark, meaning it should not directly describe the product or service. The sought name or logo should be unique and devoid of direct meanings. If a direct meaning is present, consider adding another distinctive term to enhance registrability (e.g., Joyful Clean, New Radiant).
Steer clear of deceptive trademarks; for instance, you cannot register ‘Super Jik’ if ‘JIK’ is already registered in the same class.
Do not assert market superiority in the trademark. For instance, terms like ‘Clean,’ ‘Sparkle,’ or ‘Pure White’ may not be registrable in the detergent class, as they imply superiority in the market.