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In Nigeria, including Jos, Trademark law is administrated by the Nigerian Trade Marks Act. Trademarks are important business assets that help differentiate products and services. They are valuable as they promote the company's reputation and strengthen its market presence. The registration period in Nigeria lasts for seven years initially, after which it can be renewed indefinitely every 14 years. It's vital to note that Nigeria operates a 'first-to-file' system, meaning whoever registers the Trademark first, regardless of who was using it first, legally owns that Trademark.
Understanding and navigating through the process of trademark registration can be complex. Several issues might lead you to seek the services of a lawyer. These include conducting a thorough search of existing trademarks, ensuring proper filing of the Trademark, responding to oppositions, and handling infringement cases. Lawyers can also assist with the proper maintenance and renewal of registered trademarks, and in dealing with international Trademark requirements if you hope to expand your business outside Nigeria.
The Nigerian Trademarks Act provides the legal basis for Trademark in Nigeria. The Act stipulates that unregistered Trademarks are unprotected and only registered Trademarks can take legal action for infringements. It equips the registered owner with exclusive rights to use, sell, and display the Trademark. Under these laws, infringement of a Trademark is a punishable offence, carrying hefty fines or imprisonment.
The process usually lasts between 12 to 24 months from the date of filing the application to the date when the registration certificate is issued.
Anything that differentiates your products or services from others can be registered as a Trademark. These can include brand names, logos, sounds, colours, and even smells.
Yes, once your Trademark is accepted, it will be published in the Trademark Journal, and there is a period in which others can oppose its registration.
If your Trademark is infringed upon, you may take legal actions, including seeking for injunctions to prevent further use and/or seeking damages.
While it's not mandatory, hiring a lawyer would help to ensure that all requirements have been carefully addressed and will increase the likelihood of your application being successful.
The Nigerian Trademarks, Patents And Designs Registry, a unit under the Commercial Law department, is the official government body responsible for Trademark registration and can be a helpful resource. Organizations like the Nigerian Bar Association can aid in finding a suitable local lawyer specialized in Trademarks.
If you think you need legal assistance in Trademark, start by finding a reputable Trademark lawyer in Jos who would guide you through the process. Contact the Nigerian Trademarks, Patents And Designs Registry to understand the application process better, and be prepared to invest time in the process, from application to clearance and final registration.
