Intellectual Property

Law and Legal Practices > Intellectual Property

Intellectual Property

  • Trade mark
  • Patent
  • Designs
  • Copy right

 

  • Trade mark

Let’s manage your trade mark and logo

We register and manage trade mark, trade name and logos in Nigeria on behalf of corporate bodies and businesses.

 

Trade Marks registration and protection in Nigeria is regulated by the Trade Marks Act Cap. 436 Laws of the Federation of Nigeria 1990.

 

Procedure for Filing of Trade Mark

 

Applications for registration of a Trade Mark is usually made by the applicant or his authorised Agent to the Registrar of Trade Marks at the Trade Marks Registry. An application must be in respect of particular goods or classes of goods specified in the 4th Schedule of the Act (the same as the International Classification of Goods by the World Trade Organisation {W.T.O}).

 

If the applicant desires to register the same Mark for goods falling into more than one class, he must make a separate application for each class. The application would be accompanied by the following:

 

(1) 15 (fifteen) durable prints/representations (bromides) of the Mark

 

(2) Name, address, nationality and business of the applicant.

 

(3) A statement of the full range of goods covered or proposed to be covered by the Trade Mark.

 

(4) Where the Trade Marks contain words in a language other than English, the English translation of the word must be filled with the application.

(5) A letter of authorisation of agent will be made and signed by the applicant or in the case of a company by the authorised representative. A copy of the authorisation of agency is enclosed herewith.

 

(6) Evidence of payment of the filing fees and search fees.

After filing the application, the Registrar will issue an official acknowledgement that reflects the official number and filing date of the application. This usually takes not more than 10 (ten) days after the submission of the application.

Upon receipt of an application and payment of registration and search fees, the Registrar shall cause a search to be made on all existing Trade Marks registered under the relevant class(es) to which the proposed registration relates to confirm that there are no identical or conflicting pending for registration or already registered.

Where the Registrar finds the Trade Mark is acceptable for registration the applicant will be issued with a notice of acceptance. This process takes an average of 15 (fifteen) days to complete. The Trade Mark application is then advertised in the Nigerian Trade Mark Journal published by the Registrar of Trade Mark. The application will then be open for opposition for a period of 2 (two) months from the date of the advertisement. Opposition proceedings are heard by the Registrar and there is a right of appeal to the Federal High Court.

Where no objections are received within the said period, the Registrar will issue a certificate of registration with the date of the initial filing as the date of registration. The certificate is usually issued within an average of 4 (four) weeks from the end of the opposition period or the disposition of the opposition.

 

Patents & Designs

In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner’s consent

What is a patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

We file and process your patent and also help you manage your patent right across board. If you are franchising your patent, we can provide supervision and negotiate your interest and remunerations.

Patent application in Nigeria – Procedure

Patent applications in Nigeria are regulated by the Patents and Designs Act. An application for a grant of patent shall be made to the Registrar of Patents, signed by the applicant or his agent and shall contain the following.

  1. A request for a patent with the applicant’s full name and address. If the applicant’s address is outside Nigeria, an address for service in Nigeria shall be included.
  2. A description of the relevant invention with appropriate plans and drawings. The description should describe the invention in a manner sufficiently clear and complete for the invention to be put in effect by a person skilled in the art or field of knowledge to which the invention relates.
  3. Power of Attorney (where application is made by an agent)
  4. Where the applicant seeks foreign priority in respect of an application made in a country other than in Nigeria (i.e. a convention application), then such application must include;

– date and number of earlier application

– country in which earlier application was made

– name of person who made the earlier application

  1. If the inventor is not an employee of the applicant, then a Deed of Assignment is necessary to assign all patent rights to the applicant.

An applicant should within 3 (three) months of making an application for foreign priority furnish the Registrar with a copy of the earlier application certified by the Industrial Property office or its equivalent of the country where the earlier application was made.

The Registrar shall grant the application after proper examining and finding same to be in conformity with the law. After the grant, the Registrar is required to enter the particulars of the grant in a Registrar of Patents. He is also required to cause a notification of the grant to be published in the Federal Gazette.

 

 

Registration of Design

We provide guide to register your designs and inventions in all countries in West Africa

 

 

Copy right

Copy right is the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.

We provide legal protection and enhance revenue for owners of these rights in a lot of ways.

We also negotiate assignment of copyrights and drawing agreement between exclusive holder of copyright and sub-licensees in Nigeria and other part of the world.

 

Tel. Contact numbers:

Call 08034311748, 07088776597