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Trademark

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  2. Trademark
Mandate
Vision
Mission
Structure
Organogram
Mandate

It is the Registry in the Ministry that is statutorily responsible for the registration, protection and administration of Trademarks in Nigeria in accordance with the Trademarks Act, T13 Laws of the Federation of Nigeria 2004.

The Registry was established under the Trademarks Act 1967 as an office responsible for the registration, protection and administration of Trademarks in Nigeria.

In 2018, as part of the reform of the then Commercial Law Department, two Registries were created, each with the status of a Department and headed by Chief Registrars, SGL. 17.

Since then, the two Registries, Registry of Trademarks and the Registry of Patents and Designs have existed separately and independent of each other.

MANDATES OF THE TRADEMARKS REGISTRY 

·       Registration, Protection and Administration of Trademarks Rights of registered users in Nigeria.

 

·       Generating and sustaining investor confidence in Nigeria through the protection of Industrial Property Rights.

·      Rendition of the Registrar’s Annual Report to the Honourable Minister in line with Section 48 of the Trademarks Act Cap T13 LFN
2004. 

Vision

Generating and sustaining investor confidence in Nigeria through the protection of industrial property (Trademark) rights. 

Mission

 To stimulate the growth of the domestic economy through the diversification of its resource base by promoting Trade and Investment in non-oil products with special emphasis on the protection of Trademarks and Innovative products that will lead to wealth and job creation, poverty reduction and assured integration into the global economy. We are driven by a set of shared values that drive the way we work with our partners and stakeholders.

Structure

The Registry is divided into the following two (2) divisions:

REGISTRY DIVISION comprising of:

Ø  SEARCH SECTION – responsible for conducting preliminary searches for names applied for as trademarks.

Ø  FRONT OFFICE/IPAS SECTION (TRADEMARKS) – Front office for the receiving of applications, formality checks and numbering.

Ø  EXAMINATION UNIT– Conducting substantive examination on marks applied for registration to ascertain registrability and ensure conformity with the Trademarks Act.

Ø  ACCEPTANCE SECTION: issuance of acceptance letters for marks approved and refusal letters for marks rejected.

Ø  COMPACTUS – Management of Trademark files.

Ø  ICT – performs these core functions:  maintenance of the Trademarks Registry information systems architecture including maintenance of all hardware and software.

 

OPPOSITION/LITIGATION DIVISION – Performs quasi-judicial functions which entail the following:

·       Legal opinion / advice on IP matters;

·       Preparation of papers/appearance in court matters to which the Registrar of Trademarks is joined as a necessary party;

·       Coordination of matters arising from objections/petitions/complaints over trademarks applied/registered which entails marking of trademarks journals, collation /service of various processes on parties in respect of disputed/contentious marks;

·       Constitution of trademarks tribunal to hear and determine trademarks matters among contending parties;

·       Ruling on matters to wit parties have been heard and relevant papers filed and evaluated.

Ø  CERTIFICATE SECTION – Preparation, publication of trademarks and issuance of certificates.

·       Recordal of User documents (Renewals, Mergers, Assignments etc)


IP TRAINING ACADEMY – Basically to administer WIPO training but yet to take off.

ADMINISTRATION BRANCH – in charge of administrative and staff matters.

 TRADEMARKS REGISTRATION PROCEDURE

–         Preliminary search/advise (conduct a search and for advice on the registrability of a proposed trademark)

–         Payment, filing and receipt of acknowledgement letter

–         Receipt of acceptance/refusal letter

–         Publication of accepted applications in the trademarks journal in case of any objections

–         If no objection after 2 months of publication, then payment and filing for issuance of Certificate of registration.

OPPOSITIONS TO TRADEMARKS REGISTRATION

Any person having reason to oppose the registration of any trademark can file a notice of opposition before the Registrar in the prescribed manner within 2 months of the publication of the mark in a Trademark journal, after which the Registrar would hear the parties and take a decision.

 TRADEMARKS REGISTRATION RENEWALS

Every trademark registration is valid for a duration of 7 years in the 1st instance. This 1st registration expires on its 7th year after which the trademark can then be renewed perpetually every 14-years.

 TRANSFERING OWNERSHIP OF TRADEMARKS

A trademark is an asset that is transferable and the law makes provision for the following types of transfers.

Assignment– involves transferring the whole rights in the trademarks to another proprietor.

Registered User– granting license to another person to use the trademarks within defined limits, but not a full transfer of ownership.

Mergers– when there are mergers and acquisitions between companies, their assets (including trademarks registrations) are then transferred to the new company.

 INTERNATIONAL PRIORITY DATE

A Trademark registration that has a parent application from a Paris Convention country can be granted priority dates when they apply within 6 months of the parent application. (in practice the registry recognizes priority rights as provided under International treaties).

 ELECTRONIC FILING IN NIGERIA

The Electronic Filing Method is Convenient as you can file from the comfort of your location. Applicants will automatically get their electronic acknowledgement notice on the same day of payment. Payments can now be made via Quickteller.com using Debit/credit cards. Applicants however must obtain Pre-generated Invoices obtainable through a Platform created for Local Agents in Nigeria.

You can track your applications online using your online application ID provided on your Acknowledgment letter.

Electronic Filing is encouraged as it is in line with best practices around the world.

 

DEPARTMENTAL  CONTACTS (NUMBER AND EMAIL)

1.    Yauri Adamu Shafiu           08033204663           sayauri@yahoo.com

2.    Adeleye Anne Titi             08035075925           anntadeleye@gmail.com

3.    Mohammed Sadiq Yusuf     08036010092             etxmohammed@yahoo.com

4.   Ogunbanjo Temitope         08055178150              ambasula76@gmail.com

Organogram

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