Nigeria

IP

Office

  • IP Office - Commercial Law Department: Trademarks, Patents and Designs Registry, Ministry of Trade and Investment.
  • IP Office Website - www.iponigeria.com

Applicable Law

  • Nigeria Trade Marks Act, 1990

General Information

  • Single-Class Filing System
  • Classification of goods / services - Nice Classification 10th Edition
  • Member of Paris Convention
  • Priority can be claimed under Paris Convention
  • International filing under Madrid Protocol and Madrid Agreement – Not Applicable
  • Protection Term - 7 years from filing date
  • Opposition Period - 2 months
  • Use - a registered mark may be subject to cancellation action by interested parties if it has not been used for 5 consecutive years
  • Renewal application can be made within 3 months before expiry of registration
  • Renewal Duration - 14 years

Filing Requirements

  • Power of attorney, simply signed
  • Certified copy of the priority document if claimed
  • If the intended mark is a device only, then a name of the device should be specified

Registration with Customs

  • Trademark certificate

Renewal

  • Power of attorney, simply signed

Assignment

  • Power of attorney, simply signed
  • Deed of assignment
  • Copy of the registration certificate, or copy of the application as filed if the mark is a pending application

Merger

  • Power of attorney, simply signed
  • Merger agreement
  • Copy of the registration certificate, or copy of the application as filed if the mark is a pending application

License

  • Power of attorney, simply signed
  • License agreement
  • Copy of the registration certificate, or copy of the application as filed if the mark is a pending application

Recordal of Change of Name or Address

  • Power of attorney, simply signed
  • Document attesting the change
  • Copy of the registration certificate, or copy of the application as filed if the mark is a pending application

Applicable Law

  • Nigeria Patents and Designs Act, 1971

General Information

  • Priority can be claimed under Paris Convention within 12 months from the first filing date
  • Member of PCT, Paris Convention
  • Term of protection - 20 years
  • Annuities fall due annually and only become payable upon grant 

Filing Requirements

  • Power of attorney, simply signed
  • Three copies of the specifications and claims of the patent
  • Three copies of the formal drawings, if any
  • Deed of assignment if the applicant is not the inventor
  • Priority document, if claimed
  • Late filing of documents is allowed within 3 months from filing date with penalty

Annuity Requirements

  • Power of attorney, simply signed
  • Copy of the certificate of registration

Assignment

  • Power of attorney, simply signed
  • Copy of the certificate of registration
  • Deed of assignment
  • Late filing of documents is allowed within 3 months from filing date with penalty

Recordal of Change of Name or Address

  • Power of attorney, simply signed
  • Copy of the certificate of registration
  • Proof of change of name or address
  • Late filing of documents is allowed within 3 months from filing date with penalty

Merger

  • Power of attorney, simply signed
  • Copy of the certificate of registration
  • Merger agreement
  • Late filing of documents is allowed within 3 months from filing date with penalty

License

  • Power of attorney, simply signed
  • Copy of the certificate of registration
  • License agreement
  • Late filing of documents is allowed within 3 months from filing date with penalty

Applicable Law

  • Nigeria Patents and Designs Act, 1971

General Information

  • Priority can be claimed under Paris Convention within 6 months from the first filing date
  • Paris Convention member
  • Term of protection - 5 years
  • Design protection can be renewed for a further two consecutive periods of 5 years
  • Renewal fees must be paid within 12 months before the renewal due date

Filing Requirements

  • Power of attorney, simply signed
  • Three sets of specimens or representations of the design
  • The article/product covered by the design and the material used in producing these items
  • Description of the design indicating its novel aspects
  • Certified copy of the priority document if claimed
  • Late filing of documents is allowed within 3 months from filing date with penalty

Annuity Requirements

  •  Power of attorney, simply signed
  • Copy of the certificate of registration
  • Late filing of documents is allowed within 3 months from filing date with penalty

Assignment

  • Power of attorney, simply signed
  • Copy of the certificate of registration
  • Deed of assignment
  • Late filing of documents is allowed within 3 months from filing date with penalty

Recordal of Change of Name or Address

  • Power of attorney, simply signed
  • Copy of the certificate of registration
  • Proof of change of name or address
  • Late filing of documents is allowed within 3 months from filing date with penalty

Merger

  • Power of attorney, simply signed
  • Copy of the certificate of registration
  • Merger agreement
  • Late filing of documents is allowed within 3 months from filing date with penalty

License

  • Power of attorney, simply signed
  • Copy of the certificate of registration
  • License agreement
  • Late filing of documents allowed within 3 months from filing date with penalty
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