Do foreign brands need to trademark their brands in Nigeria?

Do foreign brands need to trademark their brands in Nigeria?

June 14, 2019

A trademark represents a company or brand once it is legally registered. Trademarks are unique identifiers that can differentiate companies or brands from one another.

A trademark can be a symbol, logo, word or words that represent the image of a company or brand. The importance of trademark is that it protects the identity of the business and takes priority according to who registers it first.

A registered trademark lasts for seven years in Nigeria and can be renewed from time to time.

A trademark can be registered by both Nigerian brands and foreign brands in Nigeria.

A foreign brand in Nigeria needs to register its brand in Nigeria within six (6) months of registration in the home country. The effective date of registration in Nigeria based on the claim of foreign priority will be the date of initial registration in the home country.

 

 

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

  • What additional documents do I require to file my Annual Returns?
  • Do I need a Company Secretary?

    A limited liability company (LLC) must not have a company secretary.

  • 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 benefits of Registering with SON?
    1. Product traceability in the Nigerian market
    2. Detection of counterfeit products
    3. Barriers to the circulation of substandard goods
    4. The official SON Product Registration Logo and number are displayed on registered products.
  • 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.

  • Can industrial design be protected under copy right law?

    Yes, it can be protected under copyright law as a work of Art.

  • Is there a penalty for late renewal of registration of products with NAFDAC?

    Yes, there is a late renewal fee, which is dependent on the category of the product.

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

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

  • Why do I need a trademark?

    You need to register your trademark because if you don’t register it, someone else can! It helps identify you as the source and indicates a consistent level of quality of your products and services. Securing a registered trademark protects your brand, and provides you with tools to prevent someone else from using similar signs and riding off the back of your business.

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