If you are wondering how to register a trademark as a non-profit in Nigeria, this guide will walk you through the steps involved.
In Nigeria, it is the right of every individual, including profitable and non-profit organizations to enjoy the legal protection and benefits of safeguarding what belongs to them including their creativity. This legal protection comprises the right of ownership, exclusive rights preventing unauthorized use, and the legal freedom to use, sell, and reproduce the work for their benefit.
For non profit irrespective of the fact that their aim of existence is not about making financial profit from the public rather established to operate for the public or social purpose. The law provides that it is important for Non Profit organization to protect their Trademark and logo because your name and logo is not just about the symbol rather it portrays your identity, mission, values and beliefs you have established with your community. It helps you to establish public trust and recognition and prevent anyone from using your name or logo without your consent.
Registering the name with the Corporate Affairs Commission only gives the name corporate protection to prevent duplicate registration of the name but does not give it exclusive trademark rights over the logo or brand name to help the public distinguish your services in the public space.
In this exploration, the article seeks to provide a nuanced understanding of what a trademark is all about, how the law protects a trademark owner against the unauthorized use of its brand name or logo, including the benefits of trademark registration for non-profit organizations and how to register a trademark as a non-profit organisation in Nigeria.
What is a Trademark
The word trademark is a distinctive name, symbol, logo, sign, or mark used to distinguish certain goods or services as those produced or provided by a specific person, company or even organization. The essence of a trademark is to enable the public to identify, differentiate, and recognize the identity of your goods or services from similar goods or services in the commercial space. As an aspect of Intellectual Property, trademark protection relates to safeguarding the goodwill and reputation of businesses and brands. According to section 67 of the Trademark Act, Cap T13, Laws of the Federation of Nigeria (LFN) 2004 (as amended) (the “Trademarks Act”), a trademark is a mark used or proposed to be used in relation to goods, including the shape of the goods and their packaging, for the purpose of indicating a connection in the course of trade between the goods and some persons having the right to use the mark, either as a proprietor or a registered user, with or without an indication of that person’s identity. In other words, a trademark is a device, brand, logo, label, name, signature, word, letter, numeral, or any combination thereof, capable of distinguishing and identifying goods and services of a particular business from another.
How the law protects trademark owners in Nigeria
This section highlights how the law protects a trademark owner. The following are the ways trademark protection applies:
- Exclusive Rights: Trademark protection gives the owner exclusive right to use the Trademark in relation to the services or goods produced or provided by another person. These exclusive rights prevent businesses with similar products or services from using your brand name or logo without your permission. Once a trademark is duly registered at the Nigerian Trademarks Registry (under the Federal Ministry of Industry, Trade and Investment), the owner gets the exclusive right to use that mark in relation to the specific goods or services registered. The owner can legally prevent unauthorized third parties from using identical or confusingly similar marks in the commercial space.
- Protection of brand Identity: This means the law helps to protect the distinctive signs through which customers recognize a business. In other words, it helps prevent customers from mistakenly believing that one business’s products or services come from another business, or that the two businesses are connected.
- Legal Enforcement against Infringement: Where a trademark has been registered, any use of the mark without the consent of the owner constitutes infringement and grants the Trademark owner the legal right to institute an action for breach and seek the following reliefs: injunction, criminal liability, damages, action for passing off, especially when the Trademark affects the goodwill and reputation of the business or organization.
- Duration and Renewal: Trademark registration lasts for the first seven (7) years and is subject to renewal indefinitely for 14 years upon payment of renewal fees.
Benefits of Trademark Registration for Non- profit
Nonprofit trademarks and logos are important because they protect the organization’s unique identity, purpose, mission, and establish public awareness and trust. It provides legal protection against brand theft, all contributing to the organization’s stability and fundraising success. It gives the nonprofit exclusive trademark rights over your name or logo. In other words, it reserves your brand name and logo from being used by another person, company, or organization.
How to Register a Trademark for a Nonprofit in Nigeria
Protection of a trademark and logo is through registration. It is important to note that not every business name, logo, or slogan automatically receives trademark protection. The identifier must meet the applicable legal requirements for Trademark Protection.
The following are steps required to register a trademark for a non-profit:
- Conducting a Trademark Availability Search
The first step in the trademark registration process is to conduct an availability search to determine whether the proposed trademark is available for registration. The search helps identify existing identical or similar trademarks within the relevant class(es) of goods or services and assess the likelihood of conflict with prior marks. This helps minimise the risk of refusal or potential trademark infringement.
- Filing of the Trademark Application
Upon completion of the availability search and confirmation that no conflicting trademark has been identified, the applicant may proceed to file the trademark application through the official Trademarks Registry portal. Upon successful submission, an acknowledgement of the application is generated or issued through the portal by the Trademarks Registry.
- Examination and Acceptance of the Trademark
Following the filing of the application, the Registrar of Trademarks examines the proposed mark to determine whether it satisfies the applicable legal requirements for registration. Where the application is accepted, an acceptance letter is issued. This may occur within one to three weeks, subject to the Registry’s processing timelines.
The acceptance letter indicates that the application has passed the initial examination stage. However, it does not, by itself, confer the same rights as a certificate of registration or guarantee that the trademark will ultimately be registered.
- Publication in the Trademarks Journal and Opposition Proceedings
Upon acceptance, the trademark application is published in the Trademarks Journal to notify the public and provide an opportunity for interested parties to oppose its registration. Under the applicable Nigerian trademark procedure, an opposition may be filed within two months of publication.
Where a notice of opposition is filed, the Registrar notifies the applicant, who is required to file a counterstatement setting out the grounds upon which the opposition is contested, within the prescribed period.
Upon receipt of the counterstatement, a copy is served on the opposing party. The parties may then exchange evidence in support of their respective positions, in accordance with the applicable procedural requirements. Where necessary, a hearing is scheduled, following which the Registrar determines whether the trademark application should proceed to registration.
A party dissatisfied with the Registrar’s decision may challenge the decision before the Federal High Court, subject to the applicable law and procedural requirements.
- Issuance of the Certificate of Registration
Where no opposition is filed within the prescribed period, or where opposition proceedings are resolved in favour of the applicant, the application may proceed to registration, subject to the fulfilment of all applicable requirements. The Registrar of Trademarks then registers the mark and issues a certificate of registration in the prescribed form bearing the Registrar’s seal.
- Validity and Renewal of a Registered Trademark
Upon registration, a trademark is valid for an initial period of seven (7) years under the Nigerian Trade Marks Act, subject to the applicable statutory provisions. Thereafter, the registration may be renewed for successive periods of fourteen (14) years upon compliance with the prescribed renewal requirements and payment of the applicable fees.
Conclusion
Trademark protection is essential for the stability of a non-profit organization. This protection ensures that the organization has full ownership of its name, preventing others from using a similar name or logo to provide similar services. However, it is important to meet the legal requirements for trademark protection and logo registration in order to secure full legal backing.
For enquiries on how to register a trademark as a non-profit in Nigeria, you may reach out to us through the live chat buttons on either the left or right part of this page, or send us an email by filling out the form here, and we’ll be delighted to speak with you.
