Ever wondered whether your name can be trademarked in Nigeria? And if so, what type of name can be trademarked? To answer this, any mark, name, identity, word, symbol, logo, phrase, or design can be a trademark. In clear terms, the word trademark means giving legal protection to your identity. In Nigeria, the law requires you to protect your business identity. This helps prevent others from using similar names, logos, phrases, symbols, or designs. However, to secure a name as a trademark in Nigeria, it must be original and unique. It must not simply tell the public what the product or service is for.
With this in mind, this article is structured to guide whether a name can be registered as a trademark, the requirements for securing a trademark, the steps involved, and the importance of seeking legal assistance in handling the process of filing your trademark.
WHAT IS A TRADEMARK?
In simple terms, a trademark is any mark, logo, symbol, design, name, or word that personalises your brand identity and gives your business a competitive advantage over other competitors in the marketplace. In Nigeria, trademark registration is regulated by the Trade Marks Act Cap. T13, Laws of the Federation of Nigeria 2004.
CAN MY NAME BE TRADEMARKED IN NIGERIA?
Yes, irrespective of whether it is a personal name or a brand name, names can be trademarked in Nigeria.[1] Basically, a trademark means any word, mark, design, symbol, or combination of these items that helps you to distinguish or recognize your product from another. For a name to qualify as a trademark, it must be unique and original, rather than merely describing the product or goods.
For example, if a person owns a restaurant and says that he/she wants to trademark their business name as ‘’Ready to Eat’’. In this instance, the proposed name is just describing its services. Thus, it is not enough for the name to describe what the goods/product offer, but it must have an identity that is unique. Uniqueness is the key with respect to trademark registration.
WHAT DOES IT MEAN TO TRADEMARK A NAME?
To trademark a name simply means registering any word, phrase, logo, symbol, or design with a legally designated authority empowered to register trademarks to obtain the sole right to use the trademark in relation to certain goods/services and to restrict others from using a mark that resembles the trademark in relation to similar products or services.[2]
When a name is trademarked, it helps to legally secure the identity of the brand, helps customers to identify and distinguish a business from other businesses in the marketplace, strengthens the overall market value or competitive position of the brand, and allows legal action in case of breach.
KEY REQUIREMENT IN TRADEMARKING A NAME IN NIGERIA
- Uniqueness: The name must be unique and original to individualize your business
- Distinguish: The mark, name, symbol, or a combination must be recognizable in business. It must be easy to tell apart. This is true even if the name is unique.
HOW DO I TRADEMARK MY NAME?
1. Conduct Availability Search of the Trademark: Before a name can be trademarked, it is important to conduct a trademark search to ensure that the proposed name is distinctive and does not conflict with an existing trademark. Where the intended name is in issue, it reduces the possibility of trademarking such a name.
2. Application Process: Once the search has been successfully conducted and the search shows that the proposed name is available to be trademarked in the trademark class or classes where it is available, it is important to proceed with the application process required to trademark your name. The application must contain the following:
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- Submission of applicant’s full name and address: An applicant is required to provide their full name and address when applying for trademark registration. The body responsible for the registration of trademarks in Nigeria is known as the Trademark, Patents, and Designs Registry.
- Provide a clear image of the Trademark (optional): It is important to provide a logo or design with good quality image. This, however not mandatory as a word or phrase can be trademarked without a logo.
- Specification of Goods/Services: It is important to state or describe the goods or services to be trademarked.
- Power of Attorney: Where the services of an attorney have been contracted, the applicant should submit the assigned Power of Attorney.
3. Submission of the Application: Applicants are required to submit the application at the Trademark Registry either in person or through a Trademark agent or attorney. The application shall be accompanied by the following documents:
- Completion of Online Application Form
- Power of Attorney, where the services of a Trademark agent or attorney
- Evidence of Payment
4. Evaluation of the Application:
Upon submission, the application will be evaluated by the Trademark Registry to ensure compliance with the applicable provisions of the law. These evaluation includes:
Formal Evaluation: Verifying if the application has complied with the requirement process and is properly arranged.
5. Final Evaluation: To examine if the trademark is unique and not related to any existing trademark. The applicant receives notification about evaluation results, which reveal problems or disputes. The process requires the applicant to provide new details or change their existing trademark.
6. Registration Acceptance
Where the examination results are positive, then the registry issues a Registration Acceptance, which shows the trademark has entered the registration process but not yet completed it. The Acceptance serves multiple purposes because numerous government bodies and authorities throughout Nigeria recognize it as official documentation for pending trademark registration.
7. Publication in the Trademarks Journal
The Trademark Journal will publish the application after it passes the evaluation process. This publication allows third parties to oppose the registration if they believe it infringes on their rights.
8. Opposition Period: The opposition period extends for two months, which allows anyone to challenge your trademark application. The application moves forward to the following step after no opposition has been received during this time frame.
9. Registration and Issuance of Certificate: Where no objection was raised or where the objection raised was given in favour of the applicant, the Trademark Registrar will proceed to register the trademark. A certificate of Registration will be issued, conferring sole legal rights over the use of the trademark in relation to the goods and services upon which it is registered.
10. Validity: Registration of a trademark shall subsist for the first 7 years from the application date and can be renewed for further successive 14 years.
BENEFITS OF SEEKING LEGAL ASSISTANCE IN DOING YOUR TRADEMARK REGISTRATION
Although a trademark can be done by any individual, it is highly advisable to seek the assistance of a lawyer who is an expert in Trademark registration and compliance. A trademark lawyer is more equipped with the laws regulating the process of registration of a trademark and helps to facilitate the process. A trademark lawyer helps to provide legal guidance, handle technical issues in relation to the registration process, and ensure that the application complies with all the legal requirements.
Conclusion
Registration of Trademark takes a lot of process that requires thorough preparation and detailed attention. By following the right procedure as stated in the article, you can successfully trademark your business name and gain exclusive legal rights over the use of the trademark in relation to the goods and services, as well as maintain a legal action upon any infringement
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