Nigeria

General Information

• Capital: Abuja
• Population: 113.8 million (Africa’s most populous nation)
• Area: 923 770 km2
• Languages: English - official language
• Exports: Petroleum and petroleum products; cocoa; rubber
• Imports: Machinery and transport equipment; basic manufactured goods; chemicals; foodstuffs
• Currency: Naira

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Berne Union, Rome Convention, Signatory to the WIPO Copyright Treaty, Signatory to the WIPO Performances and PhonogramsTreaty.

Requirements for Application

(a) Power of attorney, simply signed.
(b) Ten quality prints of the trade mark - device marks.

Classification

International classification of goods (no provision for services). A separate application is required for each class.

Procedure

Applications are examined as to inherent registrability and conflict with prior existing registrations/applications.

Opposition

Opposition may be lodged within two months following the date of advertisement.

Use

Registration may be cancelled if the trade mark was registered without any bona fide intention to use the trade mark and there has, in fact, been no bona fide use of the trade mark up to the date one month before the date of the application for cancellation.

Registration may also be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years and one month up to date of application for cancellation.

Authorised use by a third party cannot be relied on by the proprietor unless the user is recorded as a registered user. 

Duration and Renewal

A trade mark registration is effective for an initial period of seven years and, thereafter, renewable for further periods of fourteen years.

Licensing/Registered Users

Licensing is recognised. Recordation is required in order to be effective against third parties and for use to inure to the benefit of the owner.

The license agreement must provide for quality control by the licensor. 

Requirements

(a) Registered user agreement;
(b) Statutory declaration and statement of case;
(c) Power of attorney from the proprietor;
(d) Power of attorney from the user

Assignments

Assignments may be made with or without goodwill.

Recordation is required. 

Requirements

(a) Deed of assignment;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Registered Trade Mark’ or suitable abbreviation (eg. ‘Regd. Tm.’) or symbol ® optional.

Goods bearing an indication of Nigerian origin are to bear a counter-indication of their true origin.

The Merchandise Marks Act forbids the importation of goods marked in such a way as to infringe trademark rights of other manufacturers. Goods which bear trade, or other marks, which are false or misleading are, in addition, prohibited.

Packages or containers of sale samples should be marked ‘Free Sample’ or ‘Free Specimen’.

There are special regulations for the following articles:

Weight on barrel and outer packing of any kind - cabin bread (in barrels); flour; gunpowder; lead shot; nails and tacks; rice; salt in bags; soap (other than toilet soap passed as such by customs); wools (including silk yarn); on outer bundles, and packets as retailed; yarns, (mercerised and noil).

Number and weight of inner packages and the weight on inner and outer packages - blueing, candles and sugar;

Measure - crochet cotton (on each piece and box and band around each skein label on each ball), thread on cards, reeled thread (on reels); and

The count and hanks (hanks equal 340 yards or metric equivalent) on bundles - yarns of all kinds except mercerised silk yarn and noil yarn.

Packaging weights and measures are structured so that it is an offence for anyone to import, sell, cause to be sold, expose or offer for sale or have in his/her possession for sale any goods ‘which bear any content markings not in exclusive metric terms of units’. All products with dual (metric and non-metric) markings will be confiscated or refused entry.

Patents

General

Patent protection is obtainable via a national filing. Nigeria is a member of the International Convention and WTO, but is not a member of PCT.

Patentable Subject Matter

An invention is patentable if it is new, results from inventive activity, and is capable of industrial application, or, if it constitutes an improvement upon a patented invention and also is new, results from inventive activity, and is capable of industrial application.

The following subject matter is not patentable:
* plant or animal varieties, or essentially biological processes for the production of plants or animals; or
* inventions the publication or exploitation of which would be contrary to public order or morality; or
* principles and discoveries of a scientific nature. 

Filing Requirements

Neither legalization nor notarisation of documents is required. A specification in English is required.

Novelty

An invention is new if it has not been made available to the public anywhere by use, publication, or in any other way prior to the filing date or the priority date. A grace period of six months before the filing date or priority date is provided for display of the invention by the inventor or his legal successor at an officially recognised international exhibition.

Examination

Applications are not subject to examination as to novelty, but are examined as to unity of invention.

Duration/Maintenance

Patents are granted for a term of twenty years from the date of filing subject to payment of annual renewal fees. The first renewal fee falls due upon filing the application, and subsequent renewal fees fall due on the anniversaries of the filing date. However, these renewal fees are payable only upon grant.

Working

The invention should be commercially exploited within four years from the date of filing of the application or within three years from the date of grant, whichever term is the later, failing which any interested party may apply for a compulsory licence under the patent.

Licences/Assignments

Licences, assignments and other contracts and agreements involving the transfer of technology must be submitted within 60 days of execution to the National Office of Industrial Property for approval prior to registration. Registration is a prerequisite for royalty payments to foreigners and to make them effective against third parties.