Can I trademark my business name? what are the benefits?

Can I trademark my business name? what are the benefits?

June 06, 2019

If the above question has troubled you… then be troubled no more because A big YES is the answer. You can totally trademark your business name. However for some people who might not know what a trademark is we are here to help.

So, a trademark identifies the source of goods or services. Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business.

If you register a trademark, you gain several advantages:

  • Nationwide trademark protection
  • Your trademark ownership becomes part of the database, creating a public record of your ownership and the date you began using the trademark
  • People who conduct a trademark search will see your trademark and may be less likely to use it
  • You can file a lawsuit in court to enforce your trademark
  • Registration creates a legal presumption that you own the trademark and can use it for the goods and services listed in your trademark application. This is helpful if you ever need to sue someone to enforce your trademark
  • Registration gives you the right to use the registered trademark symbol, ®

 

 

The information in this blog post (“post”) is provided for general informational purposes only, no information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through this post without seeking the appropriate legal or professional advice from the particular facts and circumstances at issue from a lawyer.This post is protected by intellectual property law and regulations. It may however be shared using appropriate sharing tools provided that our authorship is always acknowledged and this Disclaimer Notice attached.

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Frequently Asked

  • Why must I file Annual Returns?

    It is a mandatory statutory requirement under the Companies and Allied Matters Act to file Annual Returns yearly. 

  • What’s the difference between a business name and an LLC?
    • A business name is a sole proprietorship, usually owned and managed by one individual only. Legally, the sole proprietor and his business are one. It simply means an individual trading with an alias. The sole proprietor is personally liable for all business related obligations.

    • A limited liability company on the other hand is a separate business entity from the individuals that hold its shares and act as directors. Legally, it’s a separate business entity and a person on its own who can transact business, own property separate from its owners and can sue or be sued. 

  • What is a testimonium clause in an agreement?

    This is the part of the agreement where the witness attests to have witnessed the execution of the agreement.

  • What are the product categories available when registering with NAFDAC?

    The product categories include: Food, Cosmetics, Drug, Medical Device, Agro-Chemicals & Pesticide, Veterinary Products, Vaccines & Biologicals, Herbal and Nutraceuticals and Water

  • Is it legal to transfer the personal data you obtained legally to another person?

    No, its not legal. This is because the law prohibits anyone from transferring the data of a third party to another person without consent from the third party to do same even if the data was rightfully obtained in the first instance.

  • Does a trademark search automatically reserve my trademark name?

    No, a trademark search does not automatically reserve that which is sought to be trademarked. A search ascertains whether that which is sought to be trademarked is available or violates any existing trademark.

  • Can I process/register multiple products at NAFDAC at the same time?

    Yes, you can process/register multiple products at the same time

  • How many directors do I need to start a company?

    A minimum number of one (1) adult director is required to form a company.

  • Does Trademark registration protect my website domain name?

    Yes, it does.

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