The short answer
A Nigerian trademark is first registered for 7 years, which is shorter than most countries, and each renewal then gives 14 years. The Act treats the date of the application as the date of registration, so the term counts from filing. Anyone can oppose within 2 months of publication, and a mark can be removed after 5 continuous years without bona fide use. Priority is available for 6 months from a Convention filing.
Trademark deadlines in Nigeria at a glance
These rules come from the Trade Marks Act, Cap. T13, Laws of the Federation of Nigeria 2004, as shown in the copies published by the Policy and Legal Advocacy Centre and in LawNigeria's transcription. Because we used unofficial copies, we check the official gazette version and the Trade Marks Regulations before every filing, and we watch for any new Trade Marks legislation.
| Question | Answer |
|---|---|
| How long does a trademark last? | 7 years first, then renewable from time to time for 14 years each (section 23(1) and (2)). |
| Which date does the term count from? | The date of the application. That date is taken to be the date of registration (section 22(2)). |
| When can I renew? | Apply within the prescribed period set by the Regulations. The Registrar sends a notice before expiry (section 23(2) and (3)). |
| Is there a grace period? | If the renewal conditions are not met, the Registrar may remove the mark, and the Regulations set the conditions for restoration. For one year after removal, the mark is treated as still on the register for new applications, with exceptions (section 23(3) and (4)). |
| Opposition period | 2 months from the date of publication of the accepted application (section 20(1)). |
| Priority claim | Apply in Nigeria within 6 months of the application in the Convention country, and the Nigerian registration takes the Convention filing date (section 44). |
| Non-use | A mark can be removed if, up to one month before the application, a continuous period of 5 years or longer passed with no bona fide use (section 31(2)(b)). It can also be removed if it was registered without a bona fide intention to use it (section 31(2)(a)). |
| Assignment | The person who becomes entitled by assignment or transmission must apply to the Registrar to register title (section 30(1)). Unrecorded instruments are generally not admitted as proof of title (section 30(3)). For an assignment without goodwill, seek directions on advertising within 6 months (section 26(4)). |
| Part A and Part B | The register has two parts. A Part A registration becomes conclusively valid after 7 years unless it was obtained by fraud or breaches section 11. Part B has no such rule (sections 2, 14). |
| Registered users | A person other than the proprietor can be registered as a registered user, on a joint written application with a statutory declaration (sections 33 and 34). |
Who can register a trademark in Nigeria
Individuals and companies from any country can apply to the Registry. Nigeria registers marks in Part A or Part B of the register after examination, publication and the opposition period.
Representation. Foreign owners normally act through a Nigerian trade mark agent, and we confirm the current requirements, including the address for service, before filing.
Trademark registration process in Nigeria
Search
- Search the Trade Marks Registry in Abuja records for identical or similar marks in your classes.
File the application
- File with the Trade Marks Registry in Abuja, through your Nigerian trade mark agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- Anyone can oppose within 2 months of publication (section 20(1)).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the Trade Marks Registry in Abuja and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Nigeria trademark validity and renewal
- The first registration lasts 7 years, counted from the date of the application.
- Each renewal gives 14 years from the expiry of the last registration.
- Renew within the prescribed period and keep your address for service up to date.
- If the mark is removed for non-renewal, it is treated as still on the register for one year for new applications, with exceptions.
The 7-year first term is short, so the first renewal comes early. We diarise it from the date of the application.
Assignment, licence and changes to a Nigerian trademark
Assignment
Transfer of a mark
The assignee must apply to register title. An unrecorded document is generally not accepted as proof of title (section 30).
Registered user
Licensing
A person other than the proprietor can be registered as a registered user on a joint application (sections 33 and 34).
Part A / Part B
Which part of the register
Part A marks need an inherently distinctive character and become conclusively valid after 7 years (sections 9, 14).
Name or address
Change of the owner's details
Record the change so notices and renewal reminders reach the right address.
Non-use and cancellation of a Nigerian trademark
Under section 31, a registered trademark can be removed from the register for goods or services if it was registered without a bona fide intention to use it and has not been used, or if a continuous period of 5 years or longer passed with no bona fide use. Keep your use records and any licences up to date.
Keep dated proof of use in Nigeria: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Nigeria
Search the Trade Marks Registry records and check the publication date for the 2-month opposition period. Ask us to run the search for you.
Sources used
- Trade Marks Act, Cap. T13, Laws of the Federation of Nigeria 2004, as published by the Policy and Legal Advocacy Centre (PLAC) and transcribed by LawNigeria: sections 2, 9, 14, 20, 22, 23, 26, 30, 31, 33, 34 and 44.
- Trade Marks Regulations 1967, listed on WIPO Lex, for prescribed periods and forms. We also check the Registry for any new legislation.
Nigeria trademark FAQ
How long does a trademark last in Nigeria, and from when?
7 years first, then renewable from time to time for 14 years each (section 23(1) and (2)). It counts from the date of the application, which the Act treats as the date of registration.
When should I renew a Nigerian trademark, and is there a grace period?
Apply within the prescribed period set by the Regulations. The Registrar sends a notice before expiry (section 23(2) and (3)).
What is the opposition period in Nigeria?
2 months from the date of publication of the accepted application (section 20(1)).
How much does it cost to register a trademark in Nigeria?
The official fee is set by the Trade Marks Registry in Abuja and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Nigeria?
Yes. Foreign owners normally act through a Nigerian trade mark agent. We confirm the current requirements before filing.
Can I assign a Nigerian trademark?
The person who becomes entitled by assignment or transmission must apply to the Registrar to register title (section 30(1)). Unrecorded instruments are generally not admitted as proof of title (section 30(3)). For an assignment without goodwill, seek directions on advertising within 6 months (section 26(4)).
Can a Nigerian trademark be cancelled for non-use?
A mark can be removed if, up to one month before the application, a continuous period of 5 years or longer passed with no bona fide use (section 31(2)(b)). It can also be removed if it was registered without a bona fide intention to use it (section 31(2)(a)).
How can I check the status of a Nigerian trademark?
Use the Trade Marks Registry in Abuja register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Apply in Nigeria within 6 months of the application in the Convention country, and the Nigerian registration takes the Convention filing date (section 44).
How do I change the owner's name or address?
Record the change with the Trade Marks Registry in Abuja so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Nigeria
SUPREMEiP® files trademarks worldwide through its network and checks every Nigerian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
