What is a Trademark?
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. Once registered, it enables the trademark owner to amongst other things- take legal action against anyone who uses the registered mark without permission, sell and/or license the registered trademark (so in a sense it becomes an asset), and allows the owner to legally put the ® symbol next to the brand – to show ownership and warn others against using it.
What is a Trademark Class?
Nigeria is a party to the Nice Agreement and under this agreement, trademarks are classified under 45 classes. Your trademark will therefore be protected under the class which is most relevant to your business/service. You can also be protected under multiple classes (however registration under multiple classes would incur separate costs).
How much is the service?
We charge a fee of N100,000 (One hundred thousand naira) for this service. Payment is due in full before commencement of the service.
What does the service cover?
The service covers the entire process from application to grant of the Certificate.
What is the registration process?
After the application is made, the applicant is provided with an acknowledgment immediately. Once the application is successful, the Trademark Registry will issue an Acceptance Letter. The Acceptance Letter is evidence of acceptance and registration and this is accepted by other organisations who request it to process other registration e.g. NAFDAC.
However there is a period during which members of the public can object to a registration. This is when the Trademark is published in the Trademark Journal, if a published Trademark is not objected to within the specified time frame, the applicant will be able to apply for a Certificate. The grant of the Certificate is the final stage of the process.
How long does the process take?
What information do you need in order to commence?
After payment is made and received, we will require a scan of the logo, the name of the brand/trademark you intend to protect, and information about the line of business or type of service provided. We will then send some documents which will require your signature. Once signed and received we will file the application.
How can I make payment?
Payment can be made either online or by bank transfer. If you would like to make a payment by bank transfer. Please send us an email and we will provide our bank details.
Can I obtain a refund?
We strive to ensure that we provide the best level of service to you. However, if for any justifiable reason you are unhappy with the quality of our service, we will provide a refund of the fee. Please email [email protected] with full details of the reason for the refund request and we will respond within 3 working days. Please note that refunds are only applicable where the Trademark registration was never filed, or where there was an extreme delay in completion, which delay was occasioned by default on our part. We are not liable for delays on the part of the Trademark registry.
What happens if my application is rejected?
The Trademark registry has the final decision on whether a trademark is registered, and while we can give initial advice about whether it is likely to be registered, we do not have the final say – the Registry does. In the event of a rejection, your payment will not be refunded as we have done the work. However, there is an appeal process available and we can refer you to lawyers in our network who can assist with filing any appeal. This will be a separate service.
Is the process the same for an International Trademark?
The process and fee is different for registering a Trademark for an International brand/company. You may contact us on [email protected] to request details for registration.
To commence the process, please make payment:
Online –Trademark Registration
Bank Transfer –
Bank: Stanbic IBTC
Account Name: Lawpadi Consultants Ltd
Account Number: 0023689281