Trademark is the primary protective measure used to differentiate the services and products offered by one tech company or brand from the other in Nigeria. Starting a tech company in Nigeria amidst the competition requires a strategic move and getting a trademark is one way to stay ahead.
In this article, you’ll learn how to trademark your tech startup in Nigeria.
What is a Trademark?
It is a form of Intellectual Property (IP) primarily used to differentiate one brand or company from the other. It also readily comes in handy for protecting the integrity of the brand.
Forms of Trademarks
In Nigeria, the most common forms of trademarks are logos and words or phrases exclusive to the brand in question. It is also possible to distinguish brands by their colours, and slogans.
Registering the Trademark of a Tech Company in Nigeria
Companies looking to offer tech-related services in the country need to have their brand and related activities protected. Registering the trademark is an important step towards protecting the company’s interests and that of the products and services being offered.
This section delves into the steps to getting a unique trademark for your tech startup in Nigeria.
1. Choose an Agent for the Job
For the best results and to be legally-compliant with the requirements; it is better to use an accredited agent to search for your trademark.
Why, you may ask. Using an agent or a legal practitioner is beneficial in the following ways:
- The person helps you to examine the official records to be certain there’s no existing similar trademark.
- Haven been into this before, the agent knows what to look, such as the relevant trademark class your trademark falls into.
2. Trademark Search
With the help of the agent, the search through the records of the Trademarks Patents and Designs Registry will begin. This can be done either through the online portal or at the office in the Federal Capital Territory (FCT), Abuja.
The following considerations are made during the search:
- Conducting an availability search to confirm if a similar trademark exists or not.
- Conducting the search in the different classes the trademark is expected to fall in.
3. Make a Formal Application
The applicant (you), through your agent or attorney, has now confirmed that your proposed trademark doesn’t conflict with the filed trademarks in the database. Your attorney or agent will now give you the go-ahead to make a formal application to have the trademark filed.
The procedure includes:
- Filling the necessary information in the proposed form for the trademark registration. The details include the applicant’s name, the type and description of the (trade)mark and the class you’re applying to register the trademark under. The nationality and address of the applicant, as well as the services or goods the mark would be used for are also required.
- A Power of Attorney needs to be uploaded to the online portal during the application. This document signifies the directive of the applicant/trademark owner to the attorney/legal practitioner to act as the agent/intermediary for filing the application.
- Complete this process by paying the prescribed application fee.
4. Acknowledgement
The next step is for the Registry to issue you a Letter of Acknowledgement confirming the receipt of the application. You will receive a unique temporary number to help you track the application.
5. Examination and Confirmation
At this stage, the Registrar of Trademark goes through the application; ensuring that the application complies with the relevant laws and regulations.
Other considerations are:
- Whether the trademark meets the requirements as per the Trademarks Act.
- Ensuring the trademark’s distinctiveness to warrant registration, especially in areas bordering on not being scandalous or deceptive.
6. The Moment of Truth: Acceptance or Refusal
Following the Registrar’s examination, a trademark application can either be approved or refused. Approval is given when the applied mark doesn’t infringe on or conflict with the existing trademarks. In this case, the Registrar will issue the applicant an Acceptance Letter.
On the contrary, an application that doesn’t comply with the extra laws and regulations guiding trademark registration will be declined. A refusal can also be given for these reasons:
- When there’s a need to provide additional information.
- The trademark applied for conflicts with the existing marks.
7. Publication
In the case of approval, the Registrar will cause the trademark’s publication in the Nigerian Trademark Journal. This is an open invitation to the general public and interested parties to oppose the registration, especially if they can present evidence of the mark infringing on their rights.
Members of the public and other concerned parties have two months to file a Notice of Opposition after which they are forbade from further opposition.
8. Opposition
Opposing thoughts against the mark can be entertained within 2 months of having it published in the Trademarks Journal.
The procedures often include:
- The Registry investigates the opposition and determines whether it is valid or not.
- Inviting the applicant (trademark owner) to make a counter-statement to the opposition, explaining why you should be entitled to the mark.
9. Issuance of Certificate
The steps leading up to the issuance of a trademark certificate include:
- Your ability to make a valid counter-statement that underscores your reason for seeking exclusive rights to the mark.
- In the absence of an opposition, after the two-month window elapses, you’ll receive the certificate.
- Entering the mark in the Register after the necessary fees and paperwork have been paid, filled and submitted.
Also Read: How to Start Your Own Social Media Management Agency in 45 Days
Frequently Asked Questions
Who Can Apply for Tech Company Trademark in Nigeria?
A legal practitioner/attorney or an accredited agent is required to file for the mark, on behalf of the client, the trademark owner.
What Class of Trademark Should I Apply for?
There are a total of forty-five (45) classes under which you can register a trademark in Nigeria. The Nice Classification drawn up from the 1957 Nice Agreement ensures the uniformity of the trademark classifications. Out of these, Classes 1 to 34 cover marks for Goods, while Classes 35 to 45 cover marks for Services.
How Long Does Tech Startup Trademark Application Take in Nigeria?
It usually takes up to 24 months, depending on factors, such as the number of oppositions and the speed of completing the search. It takes up to 2 months for oppositions/objections to be made and the applicant has a one-month window to respond to the objections and favourably contest the same.
Conclusion
Get a trademark lawyer or an accredited agent to handle the registration. That way, you’ll be ahead of other competitors and have your tech company’s trademark registered faster in Nigeria.
