Best Ways To Register A Trademark In Nigeria: 2026 Guide
For businesses that want to protect their brand name, slogan, logo, and any other form of identity that distinguishes them from other brands, registering a trademark is the best way to do so.
Registering a trademark for your business is crucial because it legally protects you from intellectual property theft and copyright infringements, thereby granting the business owner the exclusive right to use the trademark in relation to the goods or services registered.
In this guide, we will walk you through the step-by-step process of registering a trademark in Nigeria. Let’s dive in.
What Is a Trademark?
A trademark is what distinguishes a business’s goods and services from those of others. It is unique and can be a name, logo, mark, slogan, design or a combination of all these elements.
In Nigeria, the Trademark Act, Cap T13, Laws of the Federation of Nigeria 2004 (based on the original 1965 Act), regulates trademark registration and is managed by the Trademarks Registry under the Commercial Law Department of the Federal Ministry of Industry, Trade, and Investment.
Procedural Requirement For Registering A Trademark in Nigeria
1. Trademark Search
The first step to registering a trademark is to carry out a trademark search to ascertain if your desired trademark is available. It does not infringe on an existing trademark(s).
Conducting this search enables you to avoid conflicts and increase your chances of getting approved when you apply. To conduct this search, you need to visit the Trademark registry in Abuja if you intend to do the registration yourself. However, it is good to hire best trademark Attorney in Lagos, Nigeria to perform the search for you.
2. Application Details
After a successful search, the next step is to prepare your application details, which include your full name, the physical address of your business, nationality, email address, and any other details requested by the Lawyer.
The applicant will also submit a clear, high-quality image representation (logo, design, etc.) of your trademark. The image format should be JPEG, with a resolution of 120 x 100 pixels.
Next, the applicant will describe the goods and services for which the trademark will be registered. Goods and services are classified into 45 different classes under the Trademark Act; therefore, the applicant needs to identify the correct class for the trademark.
Additionally, the applicant must provide a signed Power of Attorney to the attorney or agent hired for the registration process.
After which, the applicant proceeds to file their application by paying the prescribed fees required.
3. Examining the Application
After you have submitted your application, the Trademark Registry examines your application to ensure it complies with all legal requirements by checking if the registration is properly done/complete, and assessing if the trademark does not conflict with other existing trademarks and adheres to the legal standard.
If any issues arise during the examination, the applicant will be notified and given the opportunity to address them.
4. Acceptance and Publication
Once the examination is successful and accepted by the registry, the trademark will then be published in the Trade Mark Journal.
The essence of the publication is to allow third parties to contest the publication, which lasts for a period of two months. After that, if there are no objections, the registration proceeds to the next level.
5. Issuance of Certificate of Registration
Where no opposition arises, or where an opposition arises but is ruled in the applicant’s favour, the application is then registered, and you will be issued a certification of registration.
The certificate grants you the exclusive right to use the trademark for your goods and services. It is valid for an initial period of seven years from the application date and can be renewed indefinitely for 14 years.
Pro Tip: I have to add that the applicant should adhere to renewing their trademark at least three (3) months before the expiry date to avoid any issues. Also, regularly check for unauthorized use of your trademark, and take legal action if any is found.
Trademarks That Can / Cannot Be Registered
According to the Trademark Act, the trademark that can be registered must contain at least one of the following;
- Company, individual, or firm name represented in a special or particular order.
- Signature(s) of the applicant or predecessor in business
- Invented word(s)
- Words that do not directly describe the nature or quality of the goods and are not commonly recognized as geographical names.
In that same light, trademarks that cannot be registered include:
- Deceptive/Scandalous marks
- Names of chemical substances
- Marks identical to or resembling one already registered.
Trademark registration is a rigorous yet crucial process for businesses that want to protect their brand identity from intellectual property theft and copyright infringement. The process requires the applicant to pay attention to details and patience to follow through with all the processes, which takes between 81 days and 233 days.
Therefore, when you need any assistance, it’s best to reach out to best legal practitioner in Nigeria or a legal expert for guidance.
If you need best trademark lawyers in Nigeria, you can contact bamandgadsolicitors.com.ng for greatest legal assistance on trademark registration and other incidental legal services in Nigeria.