INTRODUCTION
A trademark is a sign capable of distinguishing the goods or services of one enterprise from another. Trademarks are intellectual property rights.
Brand names, product names, slogans, and logos, e.t.c. all qualify as trademarks in Nigeria.
The Trade Marks Act, Cap T 131, Laws of the Federation of Nigeria, 2004 is the principal legislation governing trademarks in Nigeria.
For a trademark application to be accepted for registration in Nigeria;
- Such word(s) must have no direct connection or reference to the character or quality of the goods. What this means for instance is that assuming “VETA TECHNOLOGIES” is to be registered as a trademark, it cannot be registered in the class category which is commonly used for goods/ services which in this case is computer and software services (i.e Class 42). It may however be registered as a trademark for furniture (i.e Class 20).
- It must not be a geographical name or a surname.
- It must be distinctive i.e. such a trademark must not be qualified as likely to cause confusion.
- Such a trademark must not be scandalous or contrary to public law, morality, and policy.
CLASSES OF TRADEMARKS
In classifying trademarks, Nigeria adopts the Nice Classification Scheme. This classification system is used in Nigeria as well as in several countries globally for the registration of trademarks. Overall, there are 45 trademark classes. Classes 1 to 34 are for goods, while Classes 35 to 45 are for services.
GOODS/PRODUCT CLASSES
Class 1: Chemical products
Chemicals for use in industry, science, and photography, as well as in agriculture, horticulture, and forestry; unprocessed artificial resins, and unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties
and other paste fillers; compost, manures, fertilizers; biological preparations for use in industry and science.
Class 2: Paint products
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, dyes; inks for printing, marking, and engraving; raw natural resins; metals in foil and powder form for use in painting, decorating, printing, and art.
Class 3: Cosmetic products and Laundry products
Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations.
Class 4: Fuel products and lubricants
Industrial oils and greases, wax; lubricants; dust absorbing, wetting, and binding compositions; fuels and illuminants; candles and wicks for lighting.
Class 5: Pharmaceuticals
Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; dietary supplements for human beings and animals; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
Class 6: Metals
Common metals and their alloys, ores; metal materials for building and construction; transportable buildings of metal; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; safes.
Class 7: Machine Products
Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; machine coupling and transmission components, except for land vehicles; agricultural implements, other than hand-operated hand tools; incubators for eggs; automatic vending machines.
Class 8: Hand Tools
Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors.
Class 9: Scientific, Information technology, and Safety equipment
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signaling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for
coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming;
fire-extinguishing apparatus.
Class 10: Medical and Surgical equipment
Surgical, medical, dental, and veterinary apparatus and instruments; artificial limbs, eyes, and teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for persons with disabilities; massage apparatus; apparatus, devices, and articles for nursing infants; sexual activity apparatus, devices and articles.
Class 11: Environmental control instruments (for lighting, cooking, cooling, and sanitizing)
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply, and sanitary purposes.
Class 12: Vehicles and transportation equipment on land, sea, and air Vehicles; apparatus for locomotion by land, air, or water.
Class 13: Firearms and Pyrotechnic products
Firearms; ammunition and projectiles; explosives; fireworks.
Class 14: Precious metals and jewellery
Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and chronometric instruments.
Class 15: Music instruments
Musical instruments; music stands and stands for musical instruments; conductors’ batons.
Class 16: Paper and printed material
Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites, except furniture; adhesives for stationery or household purposes; drawing materials and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films, and bags for wrapping and packaging; printers’ type, printing blocks.
Class 17: Rubber products
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica, and substitutes for all these materials; plastics and resins in extruded form for use in manufacture; packing, stopping, and insulating materials; flexible pipes, tubes, and hoses, not of metal.
Class 18: Leather products
Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas and parasols; walking sticks; whips, harnesses, and saddlery; collars, leashes, and clothing for animals.
Class 19: Non-metallic materials for building and construction
Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; asphalt, pitch, tar, and bitumen; transportable buildings, not of metal; monuments, not of metal.
Class 20: Furniture
Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked or semi-worked bone, horn, whalebone, or mother-of-pearl; shells; meerschaum; yellow amber.
Class 21: Household and kitchen utensils
Household or kitchen utensils and containers; cookware and tableware, except forks, knives, and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles for cleaning purposes; unworked or semi-worked glass, except building glass; glassware, porcelain, and earthenware.
Class 22: Ropes and Fiber products
Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails; sacks for the transport and storage of materials in bulk; padding, cushioning, and stuffing materials, except for paper, cardboard, rubber, or plastics; raw fibrous textile materials and substitutes therefor.
Class 23: Yarns and Threads Yarns and threads for textile use.
Class 24: Fabrics and Textiles
Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
Class 25: Clothing and Apparels Clothing, footwear, and headwear.
Class 26: Lace, embroidery, and decorative items
Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins and needles; artificial flowers; hair decorations; false hair.
Class 27: Floor coverings and wall hanging products
Carpets, rugs, mats and matting, linoleum, and other materials for covering existing floors; wall hangings, not textiles.
Class 28: Toys, Sports equipment, and decorative items
Games, toys, and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees.
Class 29: Meat and vegetable products
Meat, fish, poultry, and game; meat extracts; preserved, frozen, dried, and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yoghurt, and other milk products; oils and fats for food.
Class 30: Staple foods, beverages, and spices
Coffee, tea, cocoa, and substitutes therefore; rice, pasta, and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries, and confectionery; chocolate; ice cream, sorbets, and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces, and other condiments; ice (frozen water).
Class 31: Raw and unprocessed agricultural products
Raw and unprocessed agricultural, aquacultural, horticultural, and forestry products; raw and unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and flowers; bulbs, seedlings, and seeds for planting; live animals; foodstuffs and beverages for animals; malt.
Class 32: Non-alcoholic beverages and beer
Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices; syrups and other preparations for making non-alcoholic beverages.
Class 33: Alcoholic beverages, essence, and extracts
Alcoholic beverages, except beers; alcoholic preparations for making beverages.
Class 34: Tobacco
Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers for smokers; smokers’ articles; matches.
SERVICES
Class 35: Business Management and Advertising Services
Advertising; business management, organization, and administration; office functions.
Class 36: Financial, Insurance, and Real Estate Services
Financial, monetary, and banking services; insurance services; real estate affairs.
Class 37: Construction, Repair, and Oil and Gas Services
Construction services; installation and repair services; mining extraction, oil, and gas drilling.
Class 38: Telecommunication and Broadcasting services Telecommunications services
Class 39: Transportation and Storage
Transport; packaging and storage of goods; travel arrangement.
Class 40: Air and Water treatment and preservation
Treatment of materials; recycling of waste and trash; air purification and treatment of water; printing services; food and drink preservation.
Class 41: Education and Entertainment Services
Education; providing of training; entertainment; sporting and cultural activities.
Class 42: Scientific, Computer hardware, and software services
Scientific and technological services and research and design relating thereto; industrial analysis, industrial research, and industrial design services; quality control and authentication services; design and development of computer hardware and software.
Class 43: Food, drink, and hotel services
Services for providing food and drink; temporary accommodation.
Class 44: Medical, Beauty, and Agricultural Services
Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, aquaculture, horticulture, and forestry services.
Class 45: Legal, Security, and Social services
Legal services; security services for the physical protection of tangible property and individuals; personal and social services rendered by others to meet the needs of
individuals.
Finally, it is important to note that a word commonly used in relation to a particular trade, cannot be registered for a product or service in that trade. In addition, registration in one class does not give you rights in other classes. An applicant may however register in more than one class (es) at an additional cost.
For further enquiries, you may contact us HERE. We look forward to hearing from you.
LINKS TO RELATED ARTICLE
- How to register a trademark in Nigeria
- Why trademark registration is important for startups
- What to do where a brand uses your photo for commercial purposes without your permission
- What artists should learn from Oga Sabinus Copyright infringement claim
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