Country: Nigeria

Primary Contacts

Trade Mark Registration and Recordals Tatiana Despres
Trade Mark Renewals Rita Henderson
Patent Registration and Recordals Kary Day
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 - Ninth 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 Yes
Deadline for filing priority document 3 months from filing date
Does the priority document have to be
translated ?
Sworn translation required if not in English
Required Documents - Simply signed Patents Form No. 2 (Authorisation of Agent);
- Clean and clear copy of the specification, claims, abstract and drawings;
- Simply signed Assignment of Invention (and Priority Rights,) if the inventors are not employees of the applicant or if the priority applicant and the Nigerian applicant differ;
Certified priority document(s) and verified translation if not in English.
Duration 20 years from the filing date (or the international filing date for PCT national phase applications).
Annuities Annuities fall due annually, in advance, the first annuity being due on the filing date (or the international filing date for PCT national phase applications) and subsequent annuities being due on each anniversary thereof.

News Articles: Nigeria

Nigeria - Increase in official fees with effect from 1 September 2010

The official fees for patent, design and trade mark matters in Nigeria are to be increased with effect from 1 September 2010.

In most instances, the new fees will be approximately 100% higher than the current fees. In view of this, we would recommend that you send us any instructions for filing, prosecuting or renewing your IP matters in Nigeria as soon as possible, so that we may take advantage of the current, lower official fees.

We look forward to assisting you in any such work in the near future.

24th August 2010

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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