TRADEMARKS

The International Classification of goods applies.

Types of trademark registrable

Nigeria operates a “Single-class” registration system (A separate application is required for each class).

There are provisions for the registration of SERIES, DEFENSIVE and CERTIFICATION Marks. Nigeria is a member of the Paris Union however priority cannot be claimed as the country is yet to publish Convention Countries Order concerning Trade Marks.

Patent protection is available via a national filing. Although it is a member of PCT, Nigeria has not amended its laws to implement the PCT. Accordingly, it is not certain whether valid patent protection can be obtained via a PCT national phase application in Nigeria. However, in practice PCT national phase applications are being accepted and processed through to grant by the Nigerian Patent Office.

Foreign applicants must be represented by a local agent.

Filing Requirements

NON-PCT Applications

• Simply signed power of attorney,
• Specifications, claims and abstract
• Formal drawings
• Priority document
• Assignment of Priority rights

National Phase PCT Application

• Simply signed power of attorney
• International Search Report
• International Examination Report
• Assignment of Priority rights

Renewal Applications must be lodged 6 months before expiry

The registration of a novel design gives to the owner the right to preclude all others from using the design in order to derive a commercial benefit. Design protection is available by way of a national filing.

Filing Requirements

• Power of Attorney

• Drawings, photographs or graphic representations of the industrial design
• Statement of the features of the design for which novelty is claimed.
• Certified copy of priority document, if priority claimed, with verified English translation
• Assignment document

The Act provides for the following works to be eligible for copyright protection:

• Literary works
• Musical works
• Artistic works
• Cinematograph films
• Sound recordings