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