NIGERIA

Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.

trade mark information

Types of Trade Mark

Substantive with or without priority claim; series marks

Classification

Single class; Nice Classification;
Goods and services can be registered.

International Arrangements

Convention priority cannot be claimed. The Nigerian Trade Marks Act does not make provision for the claiming of priority, despite priority applications being seemingly accepted by the Registry. Such applications will be filed with the priority claim as a mere formality.

Renewal

7 years from the filing date, and every 14 years thereafter;

There is no specified grace period, but the Registrar must advertise the non-renewal of marks in the Journal, and renewal can be made up to 1 month from the date of advertisement.

Use Provisions

Non-use of a trade mark within a period of 5 years from registration renders it vulnerable to an action for cancellation by third parties.

Patent information

Substantive with or without a priority claim;
PCT national phase.

Types of Patent

20 years from the effective filing date.

International Arrangements

Duration

Paris Convention priority can be claimed.

Renewal

Renewals are payable on the 1st and each subsequent anniversary of the effective filing date. A 6-month grace period is available.

design information

Types of Design

Substantive, with or without priority claims.

International Arrangements

Paris Convention priority can be claimed.

Duration

5 years, extensible for two further periods of 5 years each.

Renewal

Renewals are due for payment on the 5th and 10th anniversaries of the filing date. A 6- month grace period is available.

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