Country: Nigeria

Primary Contacts
Trade Mark Registration and Recordals Tatiana Despres
Trade Mark Renewals Rita Henderson
Patent Registration and Recordals Louise Audhlam-Gardiner
Patent Annuities Sara Lloyd

Contentious Matters (Oppositions, Infringement Actions, etc.)
Trade Marks Martin Chinnery
Patents Louise Audhlam-Gardiner

Trade Mark Information
Can services be registered ? No
Single/Multi-Class Jurisdiction Single Class
Is the International Classification
followed ?		 Yes - Seventh Edition, Nice Classification
Can Convention priority be claimed No
Documentation required to file Power of Attorney, simply signed
Opposition period after publication 2 months
Renewal due 7 years from filing date, and every 14 years thereafter
Grace Period 3 months
Documents required to renew Power of Attorney, simply signed
Proof of use due N/A
Documents required to file proof of use N/A
Can be struck off for non-use A mark becomes vulnerable to actions for cancellation on the basis of non-use for 5 years following registration.

Patent Information
Member of PCT Yes
Can Convention priority be claimed Data is being populated - please direct queries to Lysaght & Co. at this time
Deadline for filing priority document Data is being populated - please direct queries to Lysaght & Co. at this time
Does the priority document have to be
translated ?		 Data is being populated - please direct queries to Lysaght & Co. at this time
Required Documents Data is being populated - please direct queries to Lysaght & Co. at this time
Duration Data is being populated - please direct queries to Lysaght & Co. at this time
Annuities Data is being populated - please direct queries to Lysaght & Co. at this time

News Articles: Nigeria

Nigeria - Registration of Service Marks

The Registrar has implemented the provisions of sections 42 and 45 of the Trade Marks Act to incorporate service marks into the classification system used in Nigeria, and the Registry has started to accept applications for service marks with immediate effect.

Contrary to the Registry's previous announcement regarding the service mark classification, it is the Ninth Edition of the Nice Classification which has been adopted.

It should be borne in mind that the sudden introduction of service mark protection is open to challenge, and there is a strong possibility that it will be found to be invalid if challenged in the courts. This is because sections 42 and 45, which empower the Registrar to alter the classification system used in Nigeria, both refer to the classification of goods and do not refer to services. We have been advised that the Registrar's argument that services are "intangible goods" is unlikely to find favour in the courts.

Although the legality of this sudden change in practice is open to question, we recommend that any clients who would be interested in filing their service marks in Nigeria should do so as soon as possible.

3rd April 2007


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