TRADEMARKS: FREQUENTLY ASKED QUESTIONS

  • Is trademark protection in Nigeria available through registration?
      YES

  • Are the following signs registrable: Letters, Numbers, Surname, First Name, Geographical Names, Colours, Dimensional signs?
      YES, APART FROM FIRST NAME AND GEOGRAPHICAL NAMES

  • Can an application filed in black and white claim priority of an application filed in colour?
      YES

  • Are Services protectable in Nigeria?
      YES

  • What are the common grounds for refusal of Trademarks Application?
      DESCRIPTIVENESS, PUBLIC POLICY, IMMORALITY, SIMILARLY REGISTERED MARK

  • Does the law provide for opposition proceedings?
      YES

  • May opposition be filed after registration?
      NO, BUT WITHIN 2 MONTHS OF THE ADVERTISEMENT OF THE MARK IN THE TRADEMARK JOURNAL

  • Is prior use a good ground for opposition of the mark?
      YES

  • Can the form of the mark be modified at the time of the renewal?
      NO

  • Can the mark be assigned?
      YES

  • Must a change of ownership and address be recorded in the Trademark Register?
      YES

  • Is prior consent of Registrar required before a Trademark can be assigned?
      NO

  • Does the law recognise licenses?
      YES

  • Does the law provide for revocation?
      YES

  • How are goods classified?
      INTERNATIONAL CLASSIFICATION OF GOODS


PATENTS: FREQUENTLY ASKED QUESTIONS

  • What is the duration of patent?
      20 YEARS FROM THE DATE OF FILING

  • Can a patent be declared a nulity?
      YES

  • Can a patent be assigned?
      YES

  • Are patents scientifically examined?
      NO EXAMINATION IS DONE AS TO CONFORMITY WITH THE REQUIREMENT OF THE LAW

  • What is the scope of protection?
      THIS IS DETERMINED BY THE TERMS OF CLAIM
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