November 2020

GROUNDS FOR REFUSAL OF A TRADE MARK AND REQUESTS FOR DISCLAIMERS – NIGERIA RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 In Nigeria an application for the registration of a Trade Mark can be refused by the registrar on either Absolute or Relative Grounds. The Grounds for the refusal of a trade mark application are set out in Sections 11, 12 and 13 of the Trade Marks Act.   Learn more about our trademark registration The Absolute Grounds for refusal are as follows:   I. Marks devoid of deceptive character. That is to say the mark does not meet the requirements stipulated by the Act regarding distinctiveness. II. Deceptive or Scandalous Marks or Marks contrary to law or morality or in any other way not entitled to protection III. That the mark contains some prohibited words and/or symbols such as names of chemical substances, Coats of Arms, the words “patent” “patented”, “registered”, ”registered design” “copyright”  or similar words. IV. Geographical names. The Relative grounds for refusal are as follows: I. Applicant is not the true owner of the mark. II. The application was made in bad faith. III. The trade mark is identical or confusingly similar to an existing / prior / pending registration / application or to a famous mark IV. The mark contains some restricted words and/or symbols. For example, the representations of the Geneva cross and other crosses in red or of the Swiss Federal cross in white on a red background. Disclaimers  Another relative grounds for refusal is where a trade mark contains matter common to the trade or otherwise which is of a non-distinctive nature.  The Registrar can in those circumstances require that as a condition of registration of the mark that the applicant accepts a disclaimer. A disclaimer is requested by the Registrar where the trade mark includes once or more words which are viewed as merely descriptive or generic in relation to the products or services which are being sought to be covered in the trade mark application. The disclaimer is a statement which is placed on the record and which appears on the registration certificate, when issued, indicating that the owner does not claim any exclusive rights to the disclaimed portion of the mark. A practical example of how a disclaimer might work is if I were to apply for the mark “Tejulaw Decaf” to cover coffee and teas, a disclaimer of the term “Decaf” will be required. The basis for the disclaimer would be that the Registrar might well argue that the word “Decaf” is a generic word for decaffeinated coffee and thus devoid of any distinctive character and that the word decaf had become customary in the language and established practices of the coffee trade as a reference to decaffeinated coffee such that to allow any one proprietor exclusive rights to use the word to describe its goods would be unfair. To avoid a provisional refusal for registration of your trade mark intellectual property rights lawyers hired to carefully study the matter on the basis that you must disclaim a portion of the mark thereof we recommend that you should always: Use strong words in your trade mark that are not a generic description of your products or your industry. Use images that are unique. Do not use drawings that could point to a company selling similar products. This way you will avoid an office action requesting a disclaimer of a portion of  your trade mark. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

CANCELLATION OF A TRADE MARK – NIGERIA RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 As we have discussed previously, an application to register a trademark is subject to Opposition by third parties. Learn more about our trademark registration If a rights holder misses the opposition deadline and is unable to object to the registration of a mark is there any recourse against the mark once it has been registered? Section 31 (1) of the Nigerian Trade Mark Act prescribes that: Subject to this and the next following section, a registered trademark may be taken off the register in respect of any of the goods in respect of which it is registered on an application made by any person concerned to the court or, at the option of the applicant and subject to section 56 of this Act, to the Registrar, on either of the grounds set out in subsection (2) of this section. Whilst Section 31 only deals with removal of a trade mark from the register for non-use,  Section 38 of the Act widens the scope for removal of a registered trade mark providing that an application may be made to the Registrar or the court, challenging the validity of an entry on the register of trade marks. The Section also empowers the Registrar or the Court to make an order to expunge or vary the entry if it deems fit. The position in Nigeria, therefore, is that whilst the Trade Marks Act does not explicitly use the term “Cancellation” the effects of Sections 31, 38 and 56 is to provide cancellation powers to the Registrar or Court. Cancellation proceedings is a post-registration remedy and as such can only be brought after a trade mark has been registered and cannot be filed before a mark has been duly registered. Section 38 allows that any person who can establish sufficient interest to the satisfaction of the Registrar of the Federal High Court is able to commence a cancellation proceeding in Nigeria. However, the interest must amount to a legal interest. The party can be either a natural or a juridical person(s). As with Opposition proceedings, Cancellation proceedings can be brought against a registered trade mark on absolute and/or relative grounds as well as for non-use. The following are some of the grounds which can be raised in a cancellation proceeding: I.  lack of distinctiveness of the mark. II. non-use i.e. the mark was registered without any bonafide intention to use the mark and there has in fact been III. no use of the trademark up to one month before the date of the application or the mark has not been used for a continuous period of at least five years. IV. the mark is generic, misleading or deceptive. V. the mark is contrary to public policy. VI. the mark was registered in bad faith. VII. the mark is a well known or famous mark. Finally, it is important to recognize that if a cancellation proceeding is being brought based on absolute grounds that the proceedings must be initiated within seven years of the date of the registration of the trade mark.  The exception being that, where the grounds involve allegations of fraud, lack of distinctiveness at time of filing or that the trade mark is contrary to law, morality or is scandalous there is no such limitation. Get your trademark cases checked by intellectual property rights lawyer. Where the grounds for cancellation is based on Non-Use then the application must be filed within a month of the expiration of the continuous five years of non use. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

RECORDAL OF ASSIGNMENT OF TRADEMARK – NIGERIA RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 Section 26(1) and (2) of the Trade Marks Act 1990, provides for the assignment of a registered Trade  Mark. Learn more about our trademark registration Assigning a Trade Mark means transferring ownership from one party to another. The party who is transferring ownership is referred to Assignor and the new owner is referred to as the Assignee. The assignment can be in connection to the goodwill of the business or not and it can be in respect of all the goods or services covered by the Trade Mark registration or just some of the goods/services.A full assignment occurs when the Trade Mark owner assigns the ownership in all of the goods and/or services for which the Trade Mark is registered to the new owner. A partial assignment occurs when the Trade Mark owner transfers the Trade Mark to the new owner with respect to only some of the goods and/or services covered by the Trade Mark registration. Unregistered trade marks can also be assigned provided that at the time of the assignment:1. The unregistered Trade Mark is used in the same business as a registered Trade Mark.2. Assigned at the same time and to the same person as the registered Trade Mark.3. Assigned in respect of the same goods for which the registered Trade Mark is being assigned and in respect of all the goods in relation to which the unregistered mark is used in that business. Only the assignee, the assignor or an authorized agent of either the assignee or the assignor can record the assignment of the Trade Mark at the Registry. You can contact Trademark Infringement Attorney Lagos which will protect your Trade Mark rights and will provide the best information for your business. Where the assignment is without the goodwill associated with the business, the Registrar may direct that the request for recordal be advertised in the Trade Marks Journal. Failure to comply with this directive implies that the assignee acquires no title or rights under the assignment. Where the assignment is connected with the goodwill associated with the business the assignee should ensure that it is recorded at the registry in order for it to be effective against third parties. Failure to record an assignment with the Registry means it is ineffective against a third party subsequently acquiring, in good faith, a conflicting interest in or under the Trade Mark. This failure can also mean that the assignee will not be entitled to damages or an account of profits in infringement proceedings. Due to the risks to the assignee from non recordal of the assignment of a Trade Mark, it is good practice for the assignee to be proactive in ensuring recordal of the assignment and should never simply rely on the assignor record the assignment. The Trade Marks Act provides for an application to be made to record the assignment conjointly by the assignee and the assignor or in the alternative the assignee can make the application solely. An application to record an assignment of a Trade Mark shall include the following:1. The name, trade or business address and description of the assignee.2. The full particulars of the instrument, if any, under which he claims to be entitled to the Trade Mark and a copy of the said instrument. In most cases, this will be a Deed of Assignment. The copy of the deed may be retained by the registry but will not be open to public inspection. The Deed or other instruments of the title should be in English and if it not, a verified English translation of the document should be provided.3. A Power of Attorney, simply signed. If you want to get detail information regarding the assignment of the Trade Marks which you can get from the Trademark Attorney Nigeria as they will provide the best legal advice in the Trade Mark laws and practice. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

PATENT REGISTRATION IN NIGERIA RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 PATENT REGISTRATION IN NIGERIA WHAT IS A PATENT? A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something or offers a new technical solution to a problem. A patent grants the inventor a temporary but exclusive monopoly to reap the profits from the invention. It gives the inventor the right to exclude others from making, using, or selling the claimed invention in that country without his consent, for the duration of the patent. A.A. TEJUOSO & CO. is one of the most popular law firms in Nigeria that provides legal services related to Patents. Learn more about our trademark registration THE PROCEDURE FOR PATENT APPLICATION Nigeria has a centralized system for patent registration; made up of the Registrar of Patents and Designs, and the Register in which patents are recorded. The applicable law is the Patents and Designs Act of 1971, while the guidelines on the procedure are contained in the Patent Rules. CRITERIA FOR REGISTRATION: In order to obtain a Patent in Nigeria, an invention must be:New and have an inventive step which is not obvious to a personal knowledge and experience in the technical field. Capable of being made or used in some kind of industry.Not be against public policy or morality. If your application meets the requirements for Patent registration set out at 1-3 above you can file an application with the registry. A Nigeria Intellectual Properties attorney would be the best option if you are facing difficulties for the Patent registration process. AN APPLICATION MUST RELATE TO ONLY ONE INVENTION BUT CAN INCLUDE IN CONNECTION WITH THAT INVENTION; CLAIMS FOR: any number of products; any number of manufacturing processes for those products; and any number of applications of those products. TYPES OF PATENT REGISTRATION IN NIGERIA Nigeria is a signatory to both the Patent Co-operation Treaty (PCT) and the Paris Convention for the Protection of Industrial Property which means that you can file any of the following types of patent applications: PCT or Convention Patent A national phase of a PCT application previously filed with WIPO and which would have designated Nigeria as part of the PCT application. There is a 30-month deadline from the earliest priority claimed in the PCT application to file the application in Nigeria. Under the Paris Convention, an application which has been filed in another convention country can be filed in Nigeria claiming the priority from the foreign application. Such an application will be treated as having been filed on the same date on which the corresponding foreign application was filed provided it is filed within twelve months. Non-convention Patent A non-convention patent application is an application patent which is first filed in Nigeria and seeking registration in Nigeria. This type of application is also known as a ‘local patent’. In our second part, we will look at the steps involved in the filing and obtaining the grant of a Patent in Nigeria. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

PATENT REGISTRATION IN NIGERIA – PART 2 RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 THE APPLICATION TO THE PATENTS REGISTRAR An application to the Patents Registrar shall consist of: A request for a patent signed by the applicant or his agent; containing the applicant’s full name and address. If the address is outside Nigeria, there should be an address for service within Nigeria; A specification, including claims in duplicate; Plans and drawings, if any, in duplicate; A declaration signed by the true inventor requesting that he be mentioned as such in the patent and giving his name and address; Signed power of attorney or authorization of agent if the application is made by an agent; Evidence of payment of the prescribed fee. For PCT or Conventional patents, the applicant shall: Append to his application a written declaration showing:1. The date and number of the earlier application;2. The country in which the earlier application was made; and3. The name of the person who made the earlier application;4. Furnish the Registrar with a copy of the earlier application 5.  5. 5. Certified by the IP Office of the foreign convention country. Learn more about our trademark registration OFFICIAL ACKNOWLEDGEMENT OF APPLICATION Upon filing the application, the Registrar will issue a filing receipt to the applicant, acknowledging that the application has been filed and received at the Registry. The said date is considered to be the official filing date of the patent. The Acknowledgment Notice bears the title of the patent, the name of the applicant and that of the agent. Such a document is generally issued within one or two weeks with the help of any of the Intellectual Property Law Firms in Nigeria. You can also read: Patent registration in Nigeria – Part 1 – Intellectual Property EXAMINATION OF THE APPLICATION BY THE REGISTRAR The Patent is then examined to ensure its conformity with the provisions of the Act. If the prescribed requirements are satisfied, the patent will be registered without further examination by the issuance of an Acceptance Notice to the applicant. GRANT OF THE PATENT Upon the grant of a patent, the Registrar will issue to the applicant the Letters Patent (certificate of registration of patent). The certificate will bear the relevant number, the name, and domicile of the patentee, the dates of the patent application and the grant, the title of the invention and the period of its validity, and the number and date of the application on which a claim of foreign priority is based. Moreover, you can take the guidance of any of the Patent and Trademark attorneys for this process. REGISTRATION AND PUBLICATION Following the grant of the patent, the Registrar will: Enter the particulars of the grant in the Register, and Publish a notification of the grant in the Federal Gazette. DURATION AND LAPSE OF PATENT Patents expire after 20 years from the date of filing of the relevant patent application. The law provides that a patent shall lapse if the patent holder fails to pay the prescribed annual fees after a grace period of 6 months following the year from which such fees are due. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

COPYRIGHT PROTECTION IN NIGERIA (III) RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 Having discussed the framework for copyright protection in part one and part two, we shall now look at the protection afforded by copyright and the steps involved in registering copyright under the guidance of a Patent Attorney in Nigeria. Read the brief article on the framework for copyright protection in Nigeria. Learn more about our trademark registration  COPYRIGHT PROTECTION Copyright protection is essentially territorial in nature. Nigeria’s membership to certain international copyright treaties and conventions affords protection to Nigerian citizens and entities in those territories which are members of the same international agreements, such as the Berne Convention. RIGHTS OF AUTHORS/COPYRIGHT OWNERS The rights bestowed upon authors or copyright owners are devised into moral and economic rights. The former type includes the right to be acknowledged in any use made of the work and to prevent any derogatory use, alteration, distortion, or mutilation of the same. On the other hand, economic rights refer to the right to earn a profit from the work by determining the conditions under which the work is commercialized. The author or copyright owner may thus authorize or prohibit the reproduction, recording, broadcasting, translation, or distribution of the work. INFRINGEMENT OF COPYRIGHT If the copyright of the work is infringed, the author or the copyright owner may request the infringer to stop the infringement and to pay adequate compensation for the use of the work. The former may also offer a license to the infringer and propose a business relationship. If the infringer ignores the requests or fails to compensate for the use of the work, the author or owner of the copyright may file a lawsuit at the Federal High Court to seek damages and obtain an injunction to restrain the infringer from continuing the acts of infringement. You can also read: Areas of Practice and Intellectual Property Law firm works on COPYRIGHT REGISTRATION Copyright protection is automatic upon the creation of the work. Therefore, copyright registration is not a precondition for copyright protection. Nonetheless, the Nigerian Communications Commission (“NCC”) has instituted a voluntary copyright registration scheme which aims at enabling authors and right owners to notify the commission of the creation and existence of their works.   THE NEED FOR COPYRIGHT REGISTRATION The main benefits of registering a copyright with the NCC are the following: It forms an independent source of verifying data in respect of the work or its author to the public. The certificate of acknowledgment issued by the NCC is in itself prima facie evidence of the facts of the case. It provides a depository for preserving original copies of works notified. The notification database holding the information and the data provides reliable rights management information to the public and prospective licensees to the work.   REGISTERING FOR A COPYRIGHT An individual or an entity may apply for registration online or physically through an agent to any office of the NCC’s office in Africa. You can take the help of a Patent Litigation Attorney in Nigeria from a reputed law firm like Tejulaw in the process of copyright registration. The application should include a completed registration form, two copies of the work, and evidence of payment of the prescribed fee. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

COPYRIGHT PROTECTION IN NIGERIA (IV) RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 Having discussed the protection afforded by copyright and the steps involved in registering copyright in the first three parts, we shall now look at the exceptions to copyright protection provided under the Copyright Act. Learn more about our trademark registration EXCEPTIONS TO COPYRIGHT PROTECTION It is important to note that to every general rule there is an exception, the Copyright Act has stipulated circumstances where someone may use or appropriate another person’s intellectual property. Intellectual Property Lawyers in Nigeria from A.A. Tejuoso & Co. would probably your favourite choice when it comes to resolving copyright protection related issues. Listed below are some of such circumstances as stipulated by the relevant provisions of the Nigerian Copyright Act 2004. Fair dealing for purposes of research, private use, criticism or review or the reporting of current events, subject to the condition that, if the use is public, it shall be accompanied by an acknowledgment of the title of the work and its authorship except where the work is incidentally included in a broadcast; The inclusion in a film or a broadcast of an artistic work situated in a place where it can be viewed by the public; The reproduction and distribution of copies of any artistic work permanently situated in a place where it can be viewed by the public; The incidental inclusion of an artistic work in a film or broadcast; The inclusion in a collection of literary or musical work which includes not more than two excerpts from the work, if the collection bears a statement that it is designed for educational use and includes an acknowledgment of the title and authorship of the work; The broadcasting of work if the broadcast is approved by the broadcasting authority as an educational broadcast; Any use made of a work in an approved educational institution for the educational purposes of that institution, subject to the condition that, if a reproduction is made for any such purpose it shall be destroyed before the end of the prescribed period, or if there is no prescribed period before the end of the period of twelve months after it was made: The making of a sound recording of a literary or musical work, and the reproduction of such a sound recording by the maker or under licence from him, where the copies thereof are intended for retail sale in Nigeria and the work has already been previously recorded under licence from the owner of the relevant part of the copyright whether in Nigeria or abroad, subject to such conditions and to the payment of such compensation as may be prescribed; You can also read: The procedure of Patent Infringement in Nigeria The reading or recitation in public or in a broadcast by any person of any reasonable extract from a published literary work if accompanied by sufficient acknowledgment provided that such reading or recitation is not for a commercial purpose; Any use made of a work by or under the direction or control of the Government, or by such public libraries, non-commercial documentation centers, and scientific or other institutions as may be prescribed, where the use is in the public interest, no revenue is derived therefrom and no admission fee is charged for the communication, if any, to the public of the work so used; The reproduction of a work by or under the direction or control of a broadcasting authority where the reproduction or any copies thereof are intended exclusively for a lawful broadcast and are destroyed before the end of the period of six months immediately following the making of the reproduction or such longer period as may be agreed between the broadcasting authority and the owner of the relevant part of the copyright in the work. The broadcasting of work already lawfully made accessible to the public and subject (without prejudice to the other provisions of this Schedule) to the condition that the owner of the broadcasting rights in the work shall receive a fair compensation determined, in the absence of agreement, by the court; News of the day publicly broadcast or publicly communicated by any other means; The communication to the public of a work, in a place where no admission fee is charged in respect of the communication, by any club whose aim is not profit-making; The making of not more than three copies of a book (including a pamphlet, sheet or music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such a book is not available for sale in Nigeria; The reproduction for research or private study of an unpublished literary or musical work kept in a library, museum or other institutions to which the public has access; Reproduction of published work in braille for the exclusive use of the blind, and sound recordings made by institutions or other establishments approved by the government for the promotion of the welfare of other disabled persons for the exclusive use of such blind or disabled person. Hire an Intellectual Properties Attorney in Nigeria to get rid of the issues effectively under the copyright act. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024

COPYRIGHT PROTECTION IN NIGERIA (IV) RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024 OAPI (African Intellectual Property Organization) encompasses the majority of African French-speaking countries. The most distinctive characteristic and advantage of OAPI is that a single trade mark registration is automatically effective in all its member states, without the possibility of designating individual member states. Member states do not have national Intellectual Property Laws. OAPI provides a centralized system for Trade mark registration requiring the filing of an application directly to OAPI in order to obtain trade mark protection in its member Countries. A Patent Attorney in Nigeria from Tejuso can assist you regarding the proceesings. Learn more about our trademark registration OAPI CURRENTLY COMPRISES THE FOLLOWING 17 COUNTRIES: Benin, Burkina Faso, Cameroon, the Central African Republic, Chad, Comoro Islands, Congo, Equatorial Guinea, Gabon, Guinea, Guinea-Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal, and Togo. You can also read: COPYRIGHT PROTECTION IN NIGERIA (IV) To file an application to register a trade mark in OAPI the following documents/details are required: 1)     Name of owner (if a moral person indicate corporate form); 2)     Full address of the owner; 3)     Nationality of the owner;         4)     Specification of goods/services; 5)     10 representations of the trademark, this is not required for a word mark. 6)     Classes of goods/services. It should be noted that in the OAPI system, goods and services marks must be filed in separate applications. 7)     Priority claim and priority document (if any); 8)     Colour claim (if any);      9)     Assignment of priority right (if any); 10) Power of Attorney (notarization not required). This can be filed after the filing of the applications. Once your trade mark is registered you must use the mark in OAPI within 5 years otherwise an application for cancellation of the mark for non-use can be made and if successful the mark will be deregistered.   Registration of a  trade mark in OAPI lasts for 10 years from the date of the filing of the application and must be renewed every 10 years thereafter. There is a grace period of 6 months within which an application for late renewal of the trade mark can be made subject to the payment of renewal fees and a surcharge, but make sure to hire an Intellectual Property Rights Lawyer. Register a Trademark Schedule An Appointment Request Quote RECENT POST Frequently Asked Questions About Patents in Nigeria December 11, 2023 Five Things You Need to Know About Trademarks November 5, 2020 Procedure For Trade Mark Registration in Nigeria November 5, 2020 REGISTER A TRADEMARK ADDRESS 33 Cavendish Square London W1G 0PW BOOK AN APPOINTMENT Please contact us by phone or via the online form to set an appointment. thank you! +234 1264 3024