When it comes to safeguarding your intellectual property in Nigeria and ensuring that your innovative ideas and creations remain exclusively yours, trademarking your tech startup is the way to go.Â
With more than 3,360 startups operating in Nigeria, there has to be a way to stand out in the competitive startup market.Â
Due to the nature of tech startups, it’s not uncommon to have two or more startups offering the same service or products. You can often perceive this similarity mostly in fintech startups.
In Nigeria, as in many other countries, trademark registration is a legal process that provides startups with a solid foundation for building a recognizable and trustworthy brand.
If you are already setting your sights to this, we are here to make it easier. We have outlined all the requirements for trademarking your tech startup in Nigeria so you can have a smooth registration process.
What is a Trademark?
A trademark is a distinctive sign or symbol used to identify and distinguish goods or services from those of others. It can include words, logos, slogans, and even sounds or colors.
For tech startups, a trademark is often associated with a company’s name, logo, or a unique identifier that sets it apart in the market.
Registering a trademark grants the owner exclusive rights to use that mark in connection with their products or services within the specified geographical region.
Who is in charge of trademarks in Nigeria?
In Nigeria, trademarks fall under the jurisdiction of the Nigerian Trademarks, Patents and Designs Registry, which operates under the Commercial Law Department of the Federal Ministry of Industry, Trade and Investment.
The registry is responsible for the registration and administration of trademarks in the country. It ensures that trademarks comply with the provisions of the Trade Marks Act, Cap T13, Laws of the Federation of Nigeria 2004, and the Trade Marks Regulations.
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Requirements for Trademarking Your Tech Startup in Nigeria
Now to the heart of the matter: the requirements. What are the specific requirements for trademarking your tech startup in Nigeria? Let’s find out.
1. Distinctiveness
The mark you intend to register must be distinctive and capable of distinguishing your goods or services from others in the market.
Generally, they will not accept generic or descriptive terms. In the tech industry, where names and logos may tend to belong to a particular theme, you need to ensure that the mark is distinctive enough. This way, it will not be confused with another.
According to The Trademarks Registry, for a proposed trademark to be distinctive and registrable, it must contain at least one of the following:
- The name of a company, individual, or firm, represented in a special or particular manner
- The signature of the applicant for registration or some predecessor in his business
- An invented word or invented words
- A word or words having no direct reference to the character or quality of the goods, and not being, according to its ordinary signification, a geographical name or a surname
- Any other distinctive mark
2. Clear Representation of the Mark
Your application must include a clear and accurate representation of the mark. For a logo, this may involve submitting a high-quality image.
If your trademark includes a specific color or sound, provide detailed descriptions to ensure a precise representation.
3. Classification of Goods or Services
Trademarks are registered for specific classes of goods or services. According to the NICE trademarks classification, there are 45 classes that a business can register for.
In your application, you need to define the classes relevant to your tech startup clearly. This ensures that your trademark protection is suitable for the specific industry in which you operate.
4. Power of Attorney
You will also need to present a power of attorney authorizing a representative to act on your behalf during the registration process.
The power of attorney is necessary because the Trademarks registry does not allow individuals to apply for trademarks personally. You can only apply for a trademark through an accredited trademark agent or lawyer, hence for this approval document.
5. Proof of Use or Intent to Use
In Nigeria, you can either apply for a trademark based on actual use of the mark in commerce or on the intent to use the mark in the future.
If your startup is already using the trademark in connection with its products or services, you will need to provide evidence of such use, such as invoices or receipts. If you have not yet used the trademark but intend to do so, you can file an intent-to-use application.
6. Application Form
To trademark your tech startup in Nigeria, you need to fill out the appropriate application form provided by the Nigerian Trademarks, Patents and Designs Registry.
The form requires basic information about your startup, including its name, address, and the goods or services associated with the trademark.
7. Prescribed Fees
Trademark registration requires the payment of certain fees, including filing fees, search fees, and publication fees.
The amount of fees may vary depending on factors such as the number of classes of goods or services covered by the trademark. The fees also depend on whether any additional documents or actions are required during the registration process.
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How Does Trademarking a Tech Startup in Nigeria Work?
After you have provided all the requirements, here are the steps to take to trademark your tech startup.
Conduct a Thorough Search
There’s a probability that another startup may be using your proposed trademark. But you will never know until you search the Nigerian Trademarks Registry database to confirm that there are no similar marks already registered.
File an Application
When you’ve established the distinctiveness of your mark, you’ll then file an application with the Nigerian Trademarks Registry. This includes providing details about your startup, specifying the goods or services covered, and submitting a representation of the mark.
Examination and Publication
The Trademarks Registry will examine your application to ensure it complies with all requirements. If everything checks out, your trademark will be published in the Trademarks Journal. This publication serves as a public notice, allowing third parties to raise objections within a specified period.
Opposition Period
After publication, the Registry goes to the third parties to oppose your trademark registration if they believe it infringes on their rights. If no objections are raised, or if any objections are successfully overcome, your trademark moves to the next stage.
Registration and Issuance of Certificate
Once the opposition period is over, and you remove all hurdles, congratulations! Your tech startup’s trademark is officially registered. The Nigerian Trademarks Registry will issue a Certificate of Registration. This way you have exclusive rights to the trademark.
Renewal and Maintenance
Trademark registrations are valid for an initial period of 7 years. To maintain your rights, it’s crucial to renew your registration every 14 years. Keeping track of renewal deadlines ensures that your trademark remains a shield for your tech startup.
Protect Your Startup Today
For a tech startup in Nigeria, trademarking is not just a legal obligation but a strategic move to secure your place in the market. It doesn’t matter if you are developing the next great fintech or a giant e-commerce solution, protecting your brand is non-negotiable.
Thankfully, with the requirements, we have listed above and the breakdown in this article, you can start your trademark process with ease. It’s time to protect your ideas and turn your startup into a brand that is uniquely yours.
