We act as agents in filing applications for the registration of trademarks, copyright, patents and designs.
Upon receipt of client’s instructions, our task includes monitoring the application from filing through to registration and providing client with requisite information concerning third party objections on the application.
Procedure for registering a trademark
1. Fill in a search form entering the name of the mark and the class you want to search and the specimen of the mark to be conducted in. (optional)
2. Provide us with the name or representation of the mark, list of goods, address of the applicant and a duly executed power of attorney (a suitable sample can be provided upon request).
3. Once the filing fees have been paid, the registry acknowledges receipt of the application by issuing an acknowledgement form which shows the temporary number alloted to the application
4.The Registrar thereafter examines the application by causing a search to be conducted in the register of trademarks for similar or existing registered or pending applications.
5. If the mark is free from encumbrance, the Registrar issues an acceptance to the trade mark application and it is passed to the publication department for advertisement in the Trademarks Journal.
6. An application is statutorily advertised for two months and upon expiration of the two months opposition period, if no notice of opposition is filed against the registration of the advertised mark, the Registrar shall cause the trademark to be entered in the register of Trademark.
7. The estimated time frame within which a trademark can be registered is between 8-12 months.
Duration of registration and Renewal of Trade Marks
A trade mark is registered for a period of seven years and may be renewed for a period of fourteen years from the expiration of the last registration upon payment of the renewal fees.
Procedure for registering a patent
The application form together with the under listed documents are requested to be submitted to the registrar:
1. A petition or request for a patent with the applicant’s full name and address
2. A specification of the patent including a “claim” or “claims” in duplicate
3. Plans and drawings, if any, in duplicate
4. A declaration by the true inventor (requisition that he be mentioned as such in the patent)
5. A signed Power of Attorney or Authorisation of Agent if the application is made by an agent
6. An address for service in Nigeria if the applicant’s address is outside Nigeria
7. The prescribed fee and
8. Any other matter prescribed by the Registrar from time to time.
Grant, Registration and Publication of a Patent
Grant of a patent is made by the issue of a patent certificate with a copy of each of the specifications and the relevant drawings and plans annexed to it. The Registrar thereafter, enters the particulars of the grant and causes a notice of the grant to be published in the Federal Gazette.
Duration, Renewal and Lapse
The period of monopoly granted by a patent is twenty years from the date of filing of the patent application. During the twenty years period, the patent registration must be renewed annually by lodging an application together with the prescribed fees, not later than the due date; otherwise, the applicant will be liable to pay a prescribed penalty for late renewal.
Procedure for filing a copyright notification
Though copyright is not registrable in Nigeria, a notification of existence of an Intellectual Property right in the work can be filed with the Nigerian Copyright Commission in recognition of the copyright in the work.
A copy of the work sought to be protected together with the prescribed application form are submitted to the Nigerian Copyright Commission for verification. A certificate is thereafter issued if the work is found to be eligble for copyright.
Procedure for Registration of Designs
A design is registrable, if it is new and is not contrary to public order or morality. A design is presumed to be new at the time of application unless the design has been made available to the public anywhere and anytime by means of description, use or in any other way.
Application for Registration of Design must contain:
1. A request for the registration of the design
2. The applicant’s full name and address and if the address is outside Nigeria, an address for service in Nigeria
3. A specimen of the design or a photographic or graphic representation of the design with the printing block for reproduction
4. An indication of the kind of product for which the design will be used
5. Where the application is made by an agent on behalf of a foreign client, a signed Power of Attorney.
Duration and Renewal
Registration of a design is for five years from the date of the application for registration and it is renewable upon payment of the prescribed fees for two consecutive periods of five years.