Nigeria

Trade Mark

Forms part of

No
ARIPO
No
OAPI
No
MADRID
Yes
SERVICE CLASSES
NA
NICE CLASSIFICATION

10th Edition

No
WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Nigeria is a party to the Paris Convention for Protection of Industrial Property, however, it is not possible to claim priority as Nigeria’s national trade mark legislation has not been amended to give effect to the Paris Convention.

Classification

Nigeria follows a single class filing system in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 24 months. Trade mark applications are examined for compliance with formal requirements only and are published in the official gazette after acceptance. Trade marks may be opposed within 2 months from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are not recognised in Nigeria.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 7 years from the date of filing and may be renewed indefinitely for 7-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION
Yes
PCT

OAPI

ARIPO

International Arrangements

Paris Convention
PCT

Types of patents

National patents

Novelty requirements

Absolute 

Grace period/Prior knowledge

Six months (internationally recognised exhibitions only)

Examination procedure

Formal examination only.
Grant.

Duration and maintenance

Duration is twenty years from the filing date of the application.
Annual maintenance fees are payable on each anniversary of the patent, the first falling due on the date of filing.
A six months grace period is provided for late payment.

Working requirement

Sufficient working to meet demand within four years of filing or three years from grant (whichever period ends later), failing which patent may become subject to grant of compulsory licence.

Design

Forms part of

No
ARIPO
No
OAPI
Yes
PARIS CONVENTION

OAPI

ARIPO

International Arrangements

Paris Convention

Novelty requirements

Absolute

Grace period/Prior knowledge

Six month grace for exhibition in officially recognised exhibitions.

 

Examination procedure

Filing (Registrar)
Search
Formal examination
Registration

Duration and maintenance

Five years from the date of filing, twice renewable with another five-year period, to a maximum of fifteen years.

Working requirement

A compulsory license may be granted if the design has not been used in Nigeria after the later of expiration of four years from filing the design application or three years from registration.